Utah § 7-1-802 - Confidentiality of information received by department -- Availability of information.
Full text of Utah Utah Code § 7-1-802 — Confidentiality of information received by department -- Availability of information., with citation guidance and answers to common questions.
§ 7-1-802. Confidentiality of information received by department -- Availability of information.
Effective 5/10/2016 7-1-802.
Confidentiality of information received by department -- Availability of information.
(1)
The commissioner shall receive and place on file in the department's office all reports required by law and shall certify all reports required to be published.
(2)
Except as provided in this section, the following are confidential, not public records, and not open to public inspection:
(a)
all reports received or prepared by the department;
(b)
all information obtained from an institution or person under the jurisdiction of the department; and
(c)
all orders and related records of the department.
(3)
The following records and information are public and are open to public inspection:
proprietary information, business plans, and personal financial information; and
(ii)
information for which:
(A)
the applicant requests confidentiality; and
(B)
the commissioner grants the request for confidentiality.
(4)
The department may disclose records and information that are not public to the following:
(a)
to an agency or authority:
(i)
that regulates:
(A)
the subject of the record; or
(B)
an affiliate of the subject of the record, as defined by the commissioner by rule; and
(ii)
is of:
(A)
the federal government;
(B)
the state; or
(C)
another state;
(b)
to a federal deposit insurance agency;
(c)
to an official legally authorized to investigate criminal charges in connection with the affairs of the subject of the record, and to any tribunal conducting legal proceedings resulting from such an investigation;
to any other person, if the commissioner determines, after notice to the institution or person that is the subject of the record and opportunity for hearing, that the interests favoring disclosure of the information outweigh the interests favoring confidentiality of the information; and
The commissioner may limit the use and further disclosure of any information disclosed under Subsection (4):
(a)
to protect the business confidentiality interest of the subject of the record; and
(b)
to protect the public interest, such as to avoid:
(i)
a liquidity crisis in a depository institution; or
(ii)
undue speculation in securities or currency markets.
(6)
The department shall disclose information in the manner and to the extent directed by a court order signed by a judge from a court of competent jurisdiction if:
(a)
the disclosure does not violate applicable federal or state law;
(b)
the information to be disclosed deals with a matter in controversy over which the court has jurisdiction;
(c)
the person requesting the order has provided reasonable prior written notice to the commissioner;
(d)
the court has considered the merits of the request for disclosure and has determined that the interests favoring disclosure of the information outweigh the interests favoring confidentiality of the information; and
(e)
the court has appropriately limited the use and further disclosure of the information:
(i)
to protect the business confidentiality interest of the subject of the record; and
(ii)
to protect the public interest, such as to avoid:
(A)
a liquidity crisis in a depository institution; or
(B)
undue speculation in securities or currency markets.
(7)
Notwithstanding the other provisions of this section, the commissioner may provide information from a report of an examination performed by the commissioner of the condition and affairs of a technology service provider to a depository institution serviced by the technology service provider.
Section 7-1-802 ("Confidentiality of information received by department -- Availability of information.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 7-1-802?
A common citation format is "Utah Code § 7-1-802" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 7-1-802 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
