1. (1) Notwithstanding any other provision of Title 63G, Chapter 2, Government Records Access and Management Act, access to records restricted by this part shall only be permitted upon:

   1. (a) written consent of the institution originating, receiving, or maintaining the records; or
   2. (b) a finding by the director of the Government Records Office or a court that the record has not been properly classified as restricted under Section 63G-2-302, provided that the review of a restricted classification of a record shall not include considerations of weighing public and private interests regarding access to a properly classified record as contained in Subsection 63G-2-403(11)(b) or 63G-2-404(7) or Section 63G-2-309.
2. (2) Subsection (1)(b) does not limit the authority of the board to reclassify and disclose a record of an institution.

Renumbered and Amended by Chapter 8, 2025 Special Session 1