Utah Code § 63A-12-104

Current through the 2024 Fourth Special Session
Section 63A-12-104 - Rulemaking authority
(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:
(a) the state archivist may, for an executive branch agency, make rules establishing procedures for the collection, storage, designation, classification, access, mediation for records access, and management of records under this chapter and Title 63G, Chapter 2, Government Records Access and Management Act; and
(b) a department may make rules specifying at which level within the department the requirements described in this chapter will be undertaken.
(2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the executive director shall, in consultation with the state archivist and the chief privacy officer, make rules for an executive branch agency that establish:
(a) requirements for making an inventory of each record series that contains personal identifying information, including:
(i) information collected as part of the inventory;
(ii) regularly reviewing, updating, and maintaining the inventory; and
(iii) reporting the inventory to the chief privacy officer;
(b) a list of information, categories of information, or types of information expressly designated as personal identifying information, in accordance with the criteria described in Subsections 63A-12-100.5(2)(c)(i) through (iii);
(c) criteria, variables, and principles for determining whether information in a record series, not expressly designated under Subsection (2)(b), is personal identifying information;
(d) a list and description of categories or types of personal identifying information that are collected, maintained, or used by executive branch agencies; and
(e) requirements for the form, content, format, review, and update of a privacy annotation.
(3) The rules described in Subsection (2)(b) may incorporate, by reference, a data dictionary that a records officer appointed under Subsection 63A-12-103(2)(a) shall use in making the determination described in Subsection (2)(c).

Utah Code § 63A-12-104

Amended by Chapter 173, 2023 General Session ,§ 3, eff. 5/3/2023.
Amended by Chapter 169, 2022 General Session ,§ 23, eff. 5/4/2022.
Amended by Chapter 344, 2021 General Session ,§ 58, eff. 7/1/2021.
Amended by Chapter 399, 2020 General Session ,§ 1, eff. 5/12/2020.
Renumbered and Amended by Chapter 382, 2008 General Session.