2.64.180 Confidential treatment of records for which no exemption applies.
A. A court may, on appeal or in a declaratory or other action, order the confidential treatment of records for which no exemption from disclosure applies if:
1. There are compelling interest favoring restriction of access to the record; and
2. The interests favoring restriction of access clearly outweigh the interests favoring access.
B. If the City requests a court to restrict access to a record under this section, the court shall require the City to pay the reasonable attorneys’ fees incurred by the lead party in opposing the City’s request, if:
1. The court finds that no statutory or constitutional exemption from disclosure could reasonably apply to the record in question; and
2. The court denies confidential treatment under this section.
C. This section does not apply to records that are specifically required to be public under Section 2.64.090 or Section 63-2-301 of the Utah Code, except as provided in subsection D of this section.
D.
1. Access to drafts and empirical data in drafts may be limited under this section, but the court may consider, in its evaluation of interests favoring restriction of access, only those interests that relate to the underlying information, and not to the deliberative nature of the record.
2. Access to original data in a computer program may be limited under this section, but the court may consider, in its evaluation of interest favoring restriction of access, only those interests that relate to the underlying information, and not to the status of that data as part of a computer program. (Ord. 93-18 § 18, 1993)