Current through the 2024 Fourth Special Session
Section 63G-2-107 - Disclosure of records subject to federal law or other provisions of state law(1)(a) The disclosure of a record to which access is governed or limited pursuant to court rule, another state statute, federal statute, or federal regulation, including a record for which access is governed or limited as a condition of participation in a state or federal program or for receiving state or federal funds, is governed by the specific provisions of that statute, rule, or regulation.(b) Except as provided in Subsections (2) and (3), this chapter applies to records described in Subsection (1)(a) to the extent that this chapter is not inconsistent with the statute, rule, or regulation.(2) Except as provided in Subsection (4), this chapter does not apply to a record containing protected health information as defined in 45 C.F.R., Part 164, Standards for Privacy of Individually Identifiable Health Information, if the record is: (a) controlled or maintained by a governmental entity; and(b) governed by 45 C.F.R., Parts 160 and 164, Standards for Privacy of Individually Identifiable Health Information.(3) The disclosure of an education record as defined in the Family Educational Rights and Privacy Act, 34 C.F.R. Part 99, that is controlled or maintained by a governmental entity is governed by the Family Educational Rights and Privacy Act, 34 C.F.R. Part 99.(4) This section does not exempt any record or record series from the provisions of Subsection 63G-2-601(1).Amended by Chapter 381, 2024 General Session ,§ 27, eff. 5/1/2024.Amended by Chapter 18, 2024 General Session ,§ 2, eff. 2/28/2024.Amended by Chapter 173, 2023 General Session ,§ 9, eff. 5/3/2023.Amended by Chapter 380, 2016 General Session ,§ 1, eff. 5/10/2016.Renumbered and Amended by Chapter 382, 2008 General Session