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(1) Except as provided in Subsections (2), (3), and (5), a public agency may not:
(a) require an individual to provide the public agency with personal information or otherwise compel the release of personal information;
(b) require an entity exempt from federal income tax under Section 501(c) of the Internal Revenue Code to provide the public agency with personal information or compel the entity to release personal information;
(c) release, publicize, or otherwise publicly disclose personal information in possession of a public agency; or
(d) request or require a current or prospective contractor or grantee of the public agency to provide the public agency with a list of entities exempt from federal income tax under Section 501(c) of the Internal Revenue Code to which the contractor or grantee has provided financial or nonfinancial support.
(2) Subsection (1) does not apply to:
(a) a disclosure of personal information required under Title 20A, Election Code, Title 36, Chapter 11, Lobbyist Disclosure and Regulation Act, or any other legal requirement relating to reporting campaign contributions, campaign expenditures, lobbying disclosures, or lobbying expenditures;
(b) a disclosure of personal information expressly required by law;
(c) a disclosure of personal information voluntarily made:
(i) as part of public comment or in a public meeting; or
(ii) in another manner that is publicly accessible;
(d) a disclosure of personal information pursuant to a warrant or court order issued by a court of competent jurisdiction;
(e) a lawful request for discovery of personal information in litigation or a criminal proceeding;
(f) the use of personal information in a legal proceeding;
(g) a public agency sharing personal information with another public agency in accordance with the requirements of law; or
(h) a nonprofit created under Title 11, Chapter 13a, Governmental Nonprofit Corporations Act.
(3) Subsections (1)(a), (b), and (d) do not apply to:
(a) administration or enforcement of Title 13, Chapter 11, Utah Consumer Sales Practices Act, or Title 13, Chapter 22, Charitable Solicitations Act;
(b) the request or use of personal information necessary to the State Tax Commission's administration of tax or motor vehicle laws; or
(c) access to personal information by the Office of the Legislative Auditor General or the state auditor's office to conduct an audit.
(4) A court shall consider whether to:
(a) limit a request for discovery of personal information; or
(b) issue a protective order in relation to the disclosure of personal information obtained or used in relation to a legal proceeding.
(5) Subsection (1) does not apply to disclosure of a contributor, as defined in Section 41-1a-422, to a sponsoring organization described in Subsection 41-1a-422(3).
Technically renumbered to avoid duplication of section number also enacted in SB146, Chapter 373.