Government Records Laws
At all levels laws govern the function and structure of government. Laws govern the creation and use of records and determine who can access them. Government works under the double requirement of public transparency and protecting private information, so understanding laws, including local ordinances and policies, is critically important for records keepers.
- . Also in PDF
Utah's primary records law, sometimes referred to as the open records law
- Utah Code 63A-12. Also in PDF
Outlines records management responsibilities for all governmental entities
- Utah Code 46-4
Validates the use of electronic records and signatures.
- Utah Code 52-4
Outlines requirements for open and public meetings and records.
- Utah Code 63F-1-701,702
Outlines requirements for public notices posted on the Public Notice Website.
Additional records references
Records requirements may be found in many places throughout Utah Code and Utah Administrative Rules
Some topical records references have been compiled for convenience:
Political subdivisions can adopt ordinances and policies regarding records that are applicable throughout their jurisdiction. These ordinances and policies must comply with state law. The following local governments have posted or filed them with the State Archives:
- County records ordinances
- Municipal records ordinances
- School district policies
- Special district policies
Generally, federal laws apply to federal records, however some federal laws impact records created or maintained in Utah. Two laws that deal specifically with records access are:
Family Education Rights and Privacy Act
- U.S. Department of Education on FERPA
Protects the privacy of student records and applies to all schools that receive Federal funding.
Health Insurance Portability and Accountability Act
- U.S. Department of Health and Human Services on HIPAA
Ensures the privacy and security of health information.