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GRAMA Essentials Section 2 2.2. Right to inspect records and receive copies of records
2.2. Right to inspect records and receive copies of records (63G-2-201)
Every person has the right to inspect a public record free of charge during normal business hours and the right to make a copy. This means that restrictions cannot be based on the reason the person is seeking a record, or conditional on citizenship, or any other personal characteristic.
- 63G-2-201. Provisions relating to records -- Public records -- Private, controlled, protected, and other restricted records -- Disclosure and nondisclosure of records -- Certified copy of record -- Limits on obligation to respond to record request.
(1)(a) Except as provided in Subsection (1)(b), a person has the right to inspect a public record free of charge, and the right to take a copy of a public record during normal working hours, subject to Sections 63G-2-203 and 63G-2-204.- (b) A right under Subsection (1)(a) does not apply with respect to a record:
- (i) a copy of which the governmental entity has already provided to the person;
- (ii) that is the subject of a records request that the governmental entity is not required to fill under Subsection (8)(e); or
- (iii) (A) that is accessible only by a computer or other electronic device owned or controlled by the governmental entity;
- (B) that is part of an electronic file that also contains a record that is private, controlled, or protected; and
- (C) that the governmental entity cannot readily segregate from the part of the electronic file that contains a private, controled, or protected record.
- (b) A right under Subsection (1)(a) does not apply with respect to a record:
Going back to the definitions, a public record “means a record that is not private, controlled, or protected and that is not exempt from disclosure.” (Subsection 63G-2-103(21)) A “record is public unless otherwise expressly provided by statute” (Subsection 63G-2-201(2)). This means that the default classification of all government records is public.
GRAMA identifies three classifications of records for which access must be restricted: 1) private (as found in Sections 63G-2-302, 63G-2-303); 2) controlled (as found in Section 63G-2-304); and 3) protected (as found in Section 63G-2-305), and then includes, as not public, any record to which access is restricted pursuant to court rule, another state statute, federal statute, or federal regulation. Generally, access to private and controlled records is restricted to protect the privacy of individuals. Access to protected records is restricted because restriction is in the public interest.
63G-2-201. Provisions relating to records -- Public records -- Private, controlled, protected, and other restricted records -- Disclosure and nondisclosure of records -- Certified copy of record -- Limits on obligation to respond to record request.
. . . . (3) The following records are not public:(4) Only a record specified in Section 63G-2-302, 63G-2-303, 63G-2-304, or 63G-2-305 may be classified private, controlled, or protected.
- (a) a record that is private, controlled, or protected under Sections 63G-2-302, 63G-2-303, 63G-2-304, and 63G-2-305; and
- (b) a record to which access is restricted pursuant to court rule, another state statute, federal statute, or federal regulation, including records for which access is governed or restricted as a condition of participation in a state or federal program or for receiving state or federal funds.
In all cases where the records are not public—whether restricted by GRAMA or by some other rule or law—the law describes the records to be restricted and names the persons who are entitled to have access. Government may not disclose a record that is private, controlled, or protected except as provided in this section. When access to records is restricted by a court rule, another state statute, federal statute, or federal regulation that statute will provide provisions for access.
Record formatting, 63G-2-201(8), (9) and (10)
GRAMA is specific in what actions the governmental entity is not require to take in response to a records request. A governmental entity is not required to: (Subsection (8)(a))
- create a record;
- compile, format, manipulate, package, summarize, or tailor information;
- provide a record in a particular format not maintained by the governmental entity;
- fulfill the records request if it unreasonably duplicates a request from that person; or
- provide the record if it is available in a public publication that can be provided.
63G-2-201. Provisions relating to records -- Public records -- Private, controlled, protected, and other restricted records -- Disclosure and nondisclosure of records -- Certified copy of record -- Limits on obligation to respond to record request.
. . . .(8) (a) In response to a request, a governmental entity is not required to: (i) create a record; . . ..
Even though not required, the governmental entity may still choose to accommodate the requester if doing so is reasonable. A governmental entity may provide the record in a particular format if it is able to do so reasonably. (Subsection (8)(b))
Access to records may not be hindered by format. (Subsection (11))
63G-2-201.Provisions relating to records -- Public records -- Private, controlled, protected, and other restricted records -- Disclosure and nondisclosure of records -- Certified copy of record -- Limits on obligation to respond to record request.
. . . . (13) A governmental entity may not use the physical form, electronic or otherwise, in which a record is stored to deny, or unreasonably hinder the rights of a person to inspect and receive a copy of a record under this chapter.
A governmental entity shall provide access to an electronic copy of a record in lieu of providing a paper copy if the requester prefers and the governmental entity maintains the record in electronic format, can provide the record without disclosing records with access restrictions, can segregate restricted records, and can provide the record without undue expenditures of resources (Subsection (14)) .