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Re: Open records legislation



Look at Utah Code Annotated, 63-2-909 (part of Utah's Government Records Access and Management Act, fondly referred to as GRAMA):
63-2-909. Records made public after 75 years. 
(1) The classification of a record is not permanent and a record that was not classified public under this act shall become a public record when the justification for the original or any subsequent restrictive classification no longer exists. A record shall be presumed to be public 75 years after its creation, except that a record that contains information about an individual 21 years old or younger at the time of the record's creation shall be presumed to be public 100 years after its creation. 
(2) Subsection (1) does not apply to records of unclaimed property held by the state treasurer in accordance with Title 67, Chapter 4a, Unclaimed Property Act.

Max J. Evans
Director, Utah State Historical Society

>>> Carolyn Foster <cfoster@TSL.STATE.TX.US> 5/25/00 10:50:18 AM >>>
The posting earlier today of Colorado's open records act prompts me to ask,
especially of other archivists for state governments, do any of your open
records laws have a specific date for termination of privacy?  Texas' open
records opinions make it clear that privacy terminates with death, but that
is really (!) hard to administer.  What I'm wondering is if there are state
laws out there that say the "closed because of personal privacy
restrictions" documents may be opened xx years after date of creation?  If
any can say, "Yes," I'd appreciate the citation.

Carolyn Foster
Assistant Director for Archives
Archives and Information Services Division
Texas State Library and Archives Commission

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