Utah Admin. Code R722-900-9 - Misuse
(1) Anyone who has reason to believe that
records have been misused may submit a written complaint to the
bureau.
(2)
(a) The bureau shall conduct a review of its
records to determine if there is any evidence to support the
complaint.
(b) If the bureau finds
evidence indicating records may have been accessed, used, disclosed, or
disseminated, the bureau shall notify the agency TAC or entity point of contact
and request that an internal review be conducted.
(3) The agency or entity shall be responsible
for conducting an internal review to determine if there has been misuse of a
record and submit its findings to the bureau within 30 days.
(4)
(a) If
the agency or entity determines there was misuse, the agency or entity shall
submit a corrective action plan to the bureau.
(b) The bureau shall review the corrective
action plan to determine if the action taken by the agency or entity was
sufficient to address the misuse.
(5) If the bureau finds that an agency,
entity, TAC, user, non-user, or employee of an agency or entity misused
records, the bureau may:
(a) suspend or revoke
the access of the agency, entity, TAC, user, non-user, or employee of an agency
or entity; and
(b) refer the matter
to the appropriate law enforcement agency for investigation and
prosecution.
(6) The
bureau may suspend or revoke access to records by an agency, entity, TAC, user,
non-user, or employee of an agency or entity if the agency, entity, TAC, user,
non-user, or employee of an agency or entity fails to comply with any terms of
the signed agreement.
Notes
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