Module 3: Classification

Section 3.3 Controlled Records (63G-2-304)

Controlled records are similar to private records in that they contain personal information. However, the designation of controlled is limited to records which contain medical, psychiatric, or psychological data about individuals that is restricted because releasing the information to the subject could be detrimental to his or her mental health, to the life or safety of any individual, or when releasing the record would constitute a violation of normal professional practice.

63G-2-304. Controlled Records.
. . . . A record is controlled if:
  • (1) the record contains medical, psychiatric, or psychological data about an individual;
  • (2) the governmental entity reasonably believes that:
    • (a) releasing the information in the record to the subject of the record would be detrimental to the subject's mental health or to the safety of any individual; or
    • (b) releasing the information would constitute a violation of normal professional practice and medical ethics; and
  • (3) the governmental entity has properly classified the record.

Not all medical information is controlled, and may otherwise be properly classified as private (Subsection 63G-2-302(1)(b)) or subject to disclosure as regulated by federal law under HIPPA. (Subsection 63G-2-107)) Medical, psychiatric, or psychological data is controlled subject to Subsection (2)—that release of the information would be detrimental to the subject or is in violation of professional practices.