Why and How Do I Classify Records?

The Government Records Access and Management Act (GRAMA) is an attempt to balance the public's constitutional right of access to information concerning the conduct of the public's business, the individual's constitutional right of privacy in relation to personal data gathered by government entities, and the public policy interest in allowing a government to restrict access to certain records for the public good. GRAMA governs the records management practices of all Utah state and local governmental agencies. GRAMA recognizes two constitutional rights -- "the public's right of access for information concerning the public's business; and the right of privacy in relation to personal data gathered by governmental entities" (UCA 63G-2-102(1)). Utah is considered an open records state and GRAMA specifies that, "all records are public unless expressly provided by statute" (UCA 63G-2-201(2)) and establishes a method for designating access to records which warrant restriction.

GRAMA establishes five classification categories (public, private, controlled, protected, and exempt), explains the access provisions of each category, and provides category standards which specifies information included.

PUBLIC: Records which are open for public review. Unless exempt, certain records must be public, as explained in UCA 63G-2-301. These records include laws, some information about public employees, final opinions made by a governmental entity, final interpretations of statutes, minutes from an open meeting, judicial records, real property title and tax information, and records that evidence incorporations and mergers. Other records are normally public including the following records: policy and procedure manuals, contracts, business relocation incentive records, chronological logs, initial contact reports, arrest and search warrants, occupational licenses, and notices of violations.

PRIVATE: Records open only to the individual to whom he record pertains and other authorized persons or agencies. Certain records must be private, as explained in UCA 63G-2-302. They include records about unemployment or welfare benefits, medical records, library records, and certain information about public employees (such as home address). Other records may be private if properly classified including: performance evaluations and personal status information about public employees, individual financial information, and other records which, if disclosed, would constitute a clearly unwarranted invasion of privacy.

CONTROLLED: Records open to authorized persons or agencies, but not open to the individual to whom the record pertains. Only medical, psychiatric, or psychological records may be properly classified as controlled under UCA 63G-2-304: when the governmental entity reasonably believes that (1) releasing the information would be detrimental to the subject's mental health or to the safety of any individual, or (2) releasing the information would constitute a violation of normal professional practice and medical ethics.

PROTECTED: Records (usually with nonpersonal data) that are open only to the person who submitted the information and other authorized personnel or agencies. Records may be properly classified as protected including trade secrets, test questions and answers, audit procedures, civil or criminal investigations, anticipated litigation, attorney's work product, minutes of a closed meeting, names of anonymous donors or other information identified in UCA 63G-2-305.

EXEMPT: Records where disclosure is limited expressly by court rule, another state statute, federal statute, or federal regulation. Access to some records is restricted by the specific laws that authorize or require the keeping of the record in accordance with UCA 63G-2-201(3)(b). If an applicable statute, federal regulation, or court rule exists, GRAMA only applies to the extent that it does not conflict with that statute, regulation, or rule.

County chief administrative officers are responsible for classifying records within their offices using these statutory standards. All governmental entities and political subdivisions have a duty "to evaluate all record series it uses; designate these record series as provided" by [GRAMA], and "report the designation to the State Archives." A governmental entity is encouraged to designate classifications during the records scheduling process, "but is not required to classify a particular record, record series or information until access to the record is requested" (UCA 63G-2-307(2)). The State Archives provides form to assist in the reporting process.

This page was last updated August 5, 2008.