Utah Admin. Code R428-2-4 - Data Classification and Access
(1)
Identifiable health data collected by the department is not subject to subpoena
or similar compulsory process in any civil or criminal, judicial,
administrative, or legislative proceeding, nor shall any individual or
organization with lawful access to identifiable health data be compelled to
testify with regard to such health data, except that data pertaining to a party
in litigation may be subject to subpoena or similar compulsory process in an
action brought by or on behalf of such individual to enforce any liability
arising under this part.
(2) Data
collected by the department are not public, and as such are exempt from the
classification and release requirements specified in Title 63g, Chapter 2,
Government Records Access and Management Act.
(3) Any person having access to data
collected or produced by the department under Title 26B, Chapter 8, Part 5,
Utah Health Data Authority may not:
(a) take
any action that might provide information to any unauthorized individual or
agency;
(b) scan, copy, remove, or
review any information to which specific authorization has not been
granted;
(c) discuss information
with unauthorized persons which could lead to the identification of
individuals; or
(d) give access to
any information by sharing passwords or file access codes.
(4) Any person having access to data
collected or produced by the department under Title 26B, Chapter 8, Part 5,
Utah Health Data Authority shall:
(a) maintain
the data in a safe manner which restricts unauthorized access;
(b) limit the use of the data to the purposes
for which access is authorized; and
(c) immediately report any unauthorized
access to the program or its designated security officer.
(5) A failure to report known violations by
others is subject to the same punishment as a personal violation.
(6) The department shall deny a person access
to the facilities, services, and data as a result of any violation of the
responsibilities specified in this section.
Notes
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