Data Subject Requests for Amendment or Correction

Summary

GRAMA provides a means for persons to contest the accuracy of an government record. Governmental entities are required to allow persons to contest the accuracy or completeness of any public, private, or protected record concerning them by requesting the governmental entity amend the record as required in Utah Code § 63G-2-603.opens in a new tab Proceedings of a governmental entity in this respect are also governed by Title 63G, Chapter 4, Administrative Procedures Act.opens in a new tab

• If the governmental entity approves the request, it shall correct all of its records that contain the same information and may not disclose the record until it has amended it.
• If the governmental entity denies the request, the requester may submit a written statement contesting the information in the record. The entity shall file the statement with the disputed record if the record is in a form such that the statement can accompany the record or make the statement accessible if not. The governmental entity must disclose the statement along with the information in the record whenever the governmental entity discloses the disputed information.
• The right to request an amendment does not apply to records relating to title to real property, medical records, judicial case files, or any other records that the governmental entity determines must be maintained in their original form to protect the public interest and to preserve the integrity of the record system.

Utah Code § 63D-2-103opens in a new tab requires that the privacy policy of state websites on which personal data is collected include the procedures, if any, that a person may follow to request a correction to the personal information that may be collected by the governmental entity.

A governmental entity that collects personal data must allow an individual or legal guardian to request an amendment or correction of personal data that has been furnished to the governmental entity. Amendment and correction of personal data by a governmental entity must comply with all applicable laws and regulations to which the personal data at issue and to which the governmental entity is subject, e.g., GRAMA.