Module 2: Access to Records

Section 2.3 Access to private, controlled, and protected documents

Private, controlled, and protected records have access restrictions, but they still must be provided in specific instances and may be provided in others. The tables below explains who shall or may have access under which circumstances.

Private records, 63G-2-202(1)

Private,
Only as specified in 63G-2-302, 303

Access is limited to the individuals who the information is about and their representatives. Representatives include parents and guardians, legal representatives, an individual with power of attorney, and physicians if the record in question is a medical record. Access is granted to individuals with a notarized release from the subject or representative, signed within the last 90 days.

63G-2-202(1)

 

Access may be provided to another governmental entity, another state, the United States, or a foreign government as provided under Section 63G-2-206 [records sharing].

63G-2-202(5)

 

Access shall be given to a person who has a court order signed by a judge from a court of competent jurisdiction if the issues of access as stated in statute have been considered

63G-2-202(7)

 

Access may be granted for bona fide research if the research cannot be done without providing access and the value of the research is greater than possible infringement of personal privacy. The researcher must assure security and confidentiality, may not disclose individual identifiers (unless auditing a research program), and may not use the information other than for the research.

63G-2-202(8)

Controlled records, 63G-2-202(2)

Controlled,
Only as specified in 63G-2-304

Upon request, shall be released only to health care providers who have a notarized release from the subject of the record—signed at the time the subject became a client. Any health care provider who is the recipient of a controlled record should sign an acknowledgment that he or she will not further distribute the record or release it to the subject. 
Access shall be provided to individuals who have a legislative subpoena requesting release.

63G-2-202(2)

 

Access may be provided to another governmental entity, another state, the United States, or a foreign government as provided under Section 63G-2-206 [records sharing].

63G-2-202(5)

 

Access shall be given to a person who has a court order signed by a judge from a court of competent jurisdiction if the issues of access as stated in statute have been considered

63G-2-202(7)

 

Access may be granted for bona fide research if the research cannot be done without providing access and the value of the research is greater than possible infringement of personal privacy. The researcher must assure security and confidentiality, may not disclose individual identifiers (unless in auditing a research program), and may not use the information other than for the research.

63G-2-202(8)

Protected records, 63G-2-202(4)

Protected,
Only as specified in 63G-2-305

Access shall be provided to the person who provided the record or to an individual who has power of attorney and a notarized release from all interested parties who were protected by the classification. The notarized release must have been dated no more than 90 days prior to the request.
Access shall be provided to individuals with a legislative subpoena requesting release.

63G-2-202(4)

 

Access may be provided to another governmental entity, another state, the United States, or a foreign government as provided under Section 63G-2-206 [records sharing].

63G-2-202(5)

 

Access shall given to a person who has a court order signed by a judge from a court of competent jurisdiction if the issues of access as stated in statute have been considered

63G-2-202(7)

Under all circumstances, when access is provided to private, controlled, and protected records the governmental entity must obtain evidence of the requester’s identity.  (Subsection (6)) A driver’s license or state issued identification is an example of what qualifies as evidence.

63G-2-202. Access to private, controlled, and protected documents
. . . . (6) Before releasing a private, controlled, or protected record, the governmental entity shall obtain evidence of the requester's identity.

If there is more than one subject of a private or controlled record, the portion that pertains to another subject must be segregated from the portion the requester is entitled to inspect. (Section 63G-2-202(3))