Most states have laws—statutes that are sometimes referred to as Acts—that make most government records open to the public. These laws are similar to the federal Freedom of Information Act (FOIA) and are often known as open records acts or public information acts.
These public information or open records acts provide a mechanism for citizens to inspect or copy government records—and provide the governmental bodies from whom the records are requested with the right to withhold government records from the public in certain instances.
Public information or open records acts generally require a governmental entity to release information in response to a request for information. But if a governmental entity determines the information is excepted from disclosure under the law, then both the request and the information at issue must be reviewed by another governmental division. The reviewing division will issue a decision on whether the governmental entity is permitted to withhold the requested information or must release the information to the requestor (often a citizen or member of the media).
These public information or open records laws vary from state to state and are usually located in a state’s statutes.
In Utah, the primary law governing access to government records is the Government Records Access and Management Act (GRAMA), which is similar to the federal Freedom of Information Act (FOIA). GRAMA ensures that the public has the right to access records from state and local government entities, with certain exceptions. These records include documents, books, letters, emails, and other items that are used to conduct public business. The law also provides for instances where government records can be withheld, such as for privacy concerns, trade secrets, and security reasons. When a request for records is made, the governmental entity has to determine whether the records can be released or if they are exempt under GRAMA. If the entity denies access, the requester can appeal the decision to the State Records Committee, which will review the case and issue a decision on whether the records must be disclosed or if the governmental entity's denial was justified.