Skip to main content
Find a Lawyer

Utah Code Title 63A. Utah Government Operations Code § 63A-16-109. Removal of state elected official or employee personal identifying information

Current as of January 01, 2025 | Updated by Findlaw Staff

(1) As used in this section:

(a) “Open web” means the Internet used for everyday activities like browsing, searching, reading media, online shopping, or other website or online applications.

(b) “Personal identifying information” means the following:

(i) physical home address and personal email address;

(ii) home telephone number and personal mobile telephone number;

(iii) driver license or other government-issued identification; or

(iv) social security number.

(c)(i) “State elected official” means a person who holds an office in state government that is required by law to be filled by an election, including the offices of governor, lieutenant governor, attorney general, state auditor, state treasurer, and legislator.

(ii) “State elected official” does not include a judge.

(d) “State employee who has been threatened” means an individual:

(i)(A) who is a cabinet level official or senior staff of the governor; or

(B) who is an employee of the state executive branch and meets selective criteria implemented by the division that are established by rule made under Subsection (4); and

(ii) whose life or safety has been threatened in the course of performing the individual's state duties through a text, phone call, email, postal delivery, face-to-face encounter, or website or online application.

(2) At the written request of a state elected official or a state employee who has been threatened, the division shall within 30 days of receipt of the request:

(a) search the open web for personal identifying information that is about the state elected official or state employee who has been threatened;

(b) when possible, remove the personal identifying information found under Subsection (2)(a) from the open web; and

(c) conduct continuous monthly removal when possible of personal identifying information from the open web.

(3) The chief information officer may contract, in accordance with Title 63G, Chapter 6a, Utah Procurement Code, with a third party to provide the services described in Subsection (2).

(4) The chief information officer may by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, establish requirements related to:

(a) what information the state elected official or state employee who has been threatened shall provide the division as part of the request described in Subsection (2);

(b) procedures for submitting the written request to the division; and

(c) establishing the selective criteria used to determine whether a state employee may receive the services described in Subsection (2).

(5) The division may not charge a rate for the services provided under this section.

(6)(a) In addition to the governmental immunity granted in Title 63G, Chapter 7, Governmental Immunity Act of Utah, the division is not liable for actions performed under this section except as a result of intentional misconduct or gross negligence including reckless, willful, or wanton misconduct.

(b) This section does not create a special duty of care.

(7) A federal, state, or local government record is not subject to this section, even if the government record contains personal identifying information.

Previous Part of Code Next Part of Code
Back to Chapter List

Cite this article: FindLaw.com - Utah Code Title 63A. Utah Government Operations Code § 63A-16-109. Removal of state elected official or employee personal identifying information - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-63a-utah-government-operations-code/ut-code-sect-63a-16-109/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard