Utah Admin. Code R966-1-53 - Confidentiality of Records Obtained During Examination

(1) Records obtained and records, including work papers, compiled by the administrator or the administrator's agent in the course of conducting an examination:

(a) Are not public records;

(b) May be used by the administrator in an action to collect property or otherwise enforce the Act;

(c) May be used in a joint examination conducted with another state, the United States, a foreign country or subordinate unit of a foreign country, or any other governmental entity if the governmental entity conducting the examination is legally bound to maintain the confidentiality and security of information obtained from a person subject to examination in a manner substantially equivalent to Section 67-4a-10004(3) of the Act;

(d) May be disclosed, on request, to the person that administers the unclaimed property law of another state for that state's use in circumstances equivalent to circumstances described in Title 67, Chapter 4a, Part 10 of the Act, if the other state is required to maintain the confidentiality and security of information obtained in a manner substantially equivalent to Title 67, Chapter 4a, Part 14 of the Act;

(e) Must be produced by the administrator under an administrative or judicial subpoena or administrative or court order; and

(f) Must be produced by the administrator on request of the person subject to the examination in an administrative or judicial proceeding relating to the property.

(2) Auditors shall not disclose confidential information obtained during an unclaimed property examination to any person other than to the administrator or the administrator's designee and, in the case of a multistate examination, to authorized representatives of a state participating in the examination.

(3) Auditors shall not use confidential information obtained from the person subject to an examination for any purpose other than for purposes of the examination. Auditors shall take reasonable steps to ensure that the confidential information provided by the person subject to an examination is securely maintained.

(4) Auditors must comply with any applicable federal and state laws and regulations pertaining to unauthorized disclosures of confidential information, including Title 63G, Chapter 2, Governmental Records Access and Management Act.

Notes

Utah Admin. Code R966-1-53

Adopted by Utah State Bulletin Number 2020-05, effective 1/22/2020