Pg. 17 of 20 - GRAMA - Requirement
Have you ever read a news story about a government agency? The reporter probably got information for that story by making a GRAMA request. GRAMA, or the Government Records Access and Management Act, is about records and government transparency. Transparency increases confidence and trust in government. GRAMA governs all government records in Utah. All records are presumptively public because government business is public business. However, some sections in GRAMA restrict access to records that contain personal information about people who interact with government. These records are private Links to an external site., controlled Links to an external site., or protected Links to an external site.. Records governed by FERPA Links to an external site. and HIPAA Links to an external site. are exempt from GRAMA's requirements Links to an external site.. GRAMA also protects other records and information based on public interest. For example, if the answers to a test were public information, the test would be ineffective. Nothing in GRAMA restricts access to a record solely because releasing it would embarrass a government employee. So, it is important to understand what is and is not a record. Diligently safeguard the government records you create and manage. They are not yours. They belong to the state.
The Government Records Access and Management Act (GRAMA) Links to an external site.
- What is GRAMA: GRAMA is designed to protect both privacy and transparency in government. It describes a designation system within which records can be identified so that access can readily be determined. It also establishes a process to appeal the denial of access to records.
- GRAMA defines a record, which we cover here.
- Defines roles and responsibilities. Every LEA should have an appointed records officer (ARO), who is appointed by the Chief Administrative Officer (CAO). (See Utah Code 63G-2-108
Links to an external site.) Each governmental entity has a responsibility to evaluate records and make designations and classifications (and RAMP is here to help! See, we're already covering GRAMA! See Utah Code 63G-2-307
Links to an external site.).
- GRAMA provides requirements to the public and governmental entities for how to make a record request and how to respond (including time limits). It also covers how the public may appeal the denial, and how government agencies should respond to these appeals. The State Archives has provided forms
Links to an external site. you can use for each step of the process if desired. When in doubt, call your RIM Specialist or the Government Records Ombudsman
Links to an external site..
- GRAMA requests: Records officers should respond to GRAMA requests as soon as reasonably possible, but no later than 10 business days after receiving the request. No response is considered a denial of access to the record. A reasonable fee may be charged to cover the actual cost of providing a record, but there are guidelines regarding fees you should be familiar with (see Utah Code 63G-2-203
Links to an external site.).
- Every person has the right to inspect a public record free of charge during normal business hours. (See Utah Code 63G-2-201 Links to an external site.) Private, controlled, and protected records have access restrictions, but they still must be provided in specific instances. To learn more about those, refer to the Archives Record Access and GRAMA Essentials training here Links to an external site.. The restrictions for access are not permanent. Records that are not public become public when the justification for restrictive access no longer exists. All records are presumed to be public 75 years after their creation, 100 years for student records because the records contain information about individuals 21 years of age or younger... at that point hopefully the records are already at the State Archives (see Utah Code 63G-2-310 Links to an external site.).
63G-2-107.
Links to an external site.Disclosure of records subject to federal law
Links to an external site..
| (1) | Notwithstanding Subsection 63G-2-201(6)
Links to an external site., this chapter does not apply to a record containing protected health information as defined in 45 C.F.R., Part 164, Standards for Privacy of Individually Identifiable Health Information, if the record is:
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| (2) | The disclosure of an education record as defined in the Family Educational Rights and Privacy Act, 34 C.F.R. Part 99, that is controlled or maintained by a governmental entity shall be governed by the Family Educational Rights and Privacy Act, 34 C.F.R. Part 99. |
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