Current through the 2024 Fourth Special Session
Section 17-21-12.5 - Redacting personal information(1) As used in this section, "personal information" means: (b) the first five digits of a social security number; or(c) the month and day of the month of a birth date.(2)(a) An individual may request, in accordance with Subsection (3), to have the county recorder create a redacted version of a previously recorded instrument.(b) The redacted version of a previously recorded instrument will, in accordance with this section, reflect redactions of the individual's personal information.(3) A request under Subsection (2)(a) shall:(b) include payment of the fee under Subsection (6); and(c) identify the location of the personal information in the county recorder's records by: (i) entry number and page number; or(ii) book and page number.(4) If an individual makes a request in accordance with Subsection (3), the county recorder shall:(a) create a copy of the originally recorded instrument of record for the purpose of creating a redacted version of the originally recorded instrument;(b) on the copy of the originally recorded instrument created under Subsection (4)(a): (i) redact the personal information, ensuring that the originally recorded instrument is not altered or changed;(ii) indicate: (A) the date and time that the redaction occurred; and(B) that the originally recorded instrument remains on file with the county recorder's office; and(c) make the redacted copy of the originally recorded instrument accessible and available for inspection.(5) The county recorder shall produce or provide access to the originally recorded instrument of record if: (a) the individual requesting a copy of the originally recorded instrument is:(i) the individual whose personal information was redacted on the copy of the originally recorded instrument;(ii) if the instrument is a trust deed, a beneficiary of the trust deed;(iii) acting on behalf of a title company that has a valid business license issued by the state or a political subdivision of the state; or(iv) an attorney that has a valid license from the Utah State Bar;(b) the county recorder is responding to a valid subpoena;(c) the county recorder is responding to a valid request under Title 63G, Chapter 2, Government Records Access and Management Act; or(d) a court of competent jurisdiction orders the county recorder to produce the originally recorded instrument.(6) The county recorder may charge a fee, in accordance with Section 17-21-18.5, for costs related to redacting personal information.Added by Chapter 165, 2023 General Session ,§ 1, eff. 5/3/2023.