Compendium of State Privacy and Security Legislation: 1997 Overview - Utah

• NCJ Number: 170079
• Date Published: May 1997
• Publication Type: Publication

Annotation

This is a 1997 overview of Utah law pertinent to the privacy and security of criminal justice information.

Abstract

Utah's Criminal Identification Act establishes the responsibilities of the Division of Criminal Investigation, which include the collection and management of information that relates to the identification and activities of persons who are or have been under the jurisdiction of the State's criminal justice system. The division's activities include the collection of identifying data on children reported missing. Dissemination of information from a criminal history record or warrant of arrest is limited to criminal justice agencies in the pursuit of their official duties; to non-criminal justice agencies or individuals for any purpose authorized by law, executive order, or court order; and to agencies or individuals for the purpose of a preplacement adoptive study. Chapter 26 of the Utah Code establishes the duties of the State Bureau of Criminal Identification under the supervision and control of the commissioner of public safety. The Bureau is mandated to procure and file information that relates to the identification and activities of persons who have been under the jurisdiction of the criminal justice system. The dissemination of criminal history records and warrant of arrest information from Bureau files is limited to criminal justice agencies in their pursuit of official duties; to agencies or individuals for the purpose of obtaining required clearance connected with foreign travel or obtaining citizenship; for authorized research; and to other agencies involved in offender identification, apprehension, and prosecution. Conditions and procedures for expunging and sealing records are also specified. One provision pertains to sex offender registration, including specifications for the information system. The compendium also includes laws related to criminal background checks on school personnel. Utah's Government Records Access and Management Act is designed to ensure the right of privacy in relation to personal data collected by government entities and the public's right of access to information concerning the conduct of the public's business.