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A. Upon request the City shall disclose a private record to:

1. The subject of the record;

2. The parent or legal guardian of an unemancipated minor who is the subject of the record;

3. The legal guardian of a legally incapacitated individual who in the subject of the record;

4. Any other individual who:

a. Has a power of attorney from the subject of the record; or

b. Submits a notarized release from the subject of the record or his legal representative dated no later than ninety days before the date the request is made; or

5. Any person to whom the record must be provided pursuant to court order.

B. 

1. Upon request, the City shall disclose a controlled record to:

a. A physician, psychologist, or certified social worker upon submission of a notarized release from the subject of the record that is dated no more than ninety days prior to the date the request is made and a signed acknowledgement of the terms of disclosure of controlled information as provided by subsection B(2) of this section; and

b. Any person to whom a record must be disclosed pursuant to court order.

2. A person who receives a record from the City in accordance with subsection B1a of this section may not disclose controlled information from that record to any person, including the subject of the record.

C. If there is more than one subject of a private or controlled record, the portion of the record that pertains to another subject shall be segregated from the portion that the requester is entitled to inspect.

D. Upon request the City shall disclose a protected record to:

1. The person who submitted the information in the record;

2. Any other individual who:

a. Has a power of attorney from the all persons, governmental entities, or political subdivisions whose interests were sought to be protected by the protected classification; or

b. Submits a notarized release from their legal representatives dated no more than ninety days prior to the date the request is made; or

c. Any person to whom a record must be provided pursuant to a court order.

E. The City may disclose a record classified private, controlled, or protected to another governmental entity, city, another state, the United States, or a foreign government only as provided by Utah Code Annotated 63-2-206.

F. Before releasing a private, controlled or protected record, the City shall obtain evidence of the requester’s identity.

G. The City shall disclose a record pursuant to the terms of a court order signed by a judge from a court of competent jurisdiction; provided, that:

1. The record deals with a matter in controversy over which the court has jurisdiction;

2. The court has considered the merits of the request for access to the record; and

3. The court has considered and, where appropriate, limited the requester’s use and further disclosure of the record in order to protect privacy interests in the case of private or controlled records, business confidentiality interests in the case of records protected under Subsections 63-2-304(1) and (2), Utah Code Annotated, and privacy interests or the public interest in the case of other protected records;

4. To the extent the record is properly classified private, controlled, or protected, the interests favoring access, considering limitations thereon, outweigh the interests favoring restriction of access; and

5. Where access is restricted by a rule, statute or regulation referred to in Section 2.64.040 C2, the court has authority independent of this chapter to order disclosure.

H. 

1. The City may disclose or authorize disclosure of private or controlled records for research purposes if the City:

a. Determines that the research purpose cannot reasonably be accomplished without use of disclosure of the information to the researcher in individually identifiable form;

b. Determines that the proposed research is bona fide, and that the value of the research outweighs the infringement upon personal privacy;

c. Requires the researcher to assure the integrity, confidentiality and security of the records and requires the removal or destruction of the individual identifiers associated with the records as soon as the purpose of the research project has been accomplished;

d. Prohibits the researcher from disclosing the record in individually identifiable form except as provided in subsection H2 of this section, or from using the record for purposes other than the research approved by the City; and

e. Secures from the researcher a written statement of his understanding of and agreement to the conditions of this subsection and his understanding that violation of the terms of this subsection may subject him to criminal prosecution under Section 63-2-801 of the Utah Code.

2. A researcher may disclose a record in individually identifiable form if the record is disclosed for the purpose of auditing or evaluating the research program and no subsequent use or disclosure of the record in individually identifiable form will be made by the auditor or evaluator except as provided by this section.

3. The City may require indemnification as a condition of permitting research under this subsection.

I. 

1. Under Sections 2.64.040(E)(2) or 2.64.160(D) the City may disclose records that are private under Section 2.64.100, or protected under Section 2.64.120 to persons other than those specified in this section.

2. Under Section 2.64.160 the City Council may require the disclosure of records that are private under Section 2.64.100, controlled under Section 2.64.110, or protected under Section 2.64.120 to persons other than those specified in this section.

3. Under Subsection 63-2-404(8) of the Utah Code the court may require the disclosure of records that are private under Section 2.64.100, controlled under Section 2.64.110, or protected under Section 2.64.120 to persons other than those specified in this section. (Ord. 93-18 § 5, 1993)