15.118 - CONFIDENTIALITY OF INFORMATION IN FINANCIAL ASSISTANCE APPLICATIONS.
15.118 CONFIDENTIALITY OF INFORMATION IN FINANCIAL
ASSISTANCE APPLICATIONS.
1. The board and the department shall give due regard to the
confidentiality of certain information disclosed by applicants for
financial assistance during the application process, the contract
administration process, and the period following closeout of a
contract in the manner described in this section.
2. All information contained in an application for financial
assistance submitted to the department shall remain confidential
while the department is reviewing the application, processing
requests for confidentiality, negotiating with the applicant, and
preparing the application for consideration by the director or the
board. The department may release certain information in an
application for financial assistance to a third party for technical
review. If the department releases such information to a third
party, the department shall ensure that the third party protects such
information from public disclosure. After the department has
considered a request for confidentiality, any information not deemed
confidential shall be made publicly available. Any information
deemed confidential by the department shall also be kept confidential
during and following administration of a contract executed pursuant
to a successful application.
3. The department shall consider the written request of an
applicant or award recipient to keep confidential certain details of
an application, a contract, or the materials submitted in support of
an application or a contract. If the request includes a sufficient
explanation as to why the public disclosure of such details would
give an unfair advantage to competitors, the department shall keep
certain details confidential. If the department elects to keep
certain details confidential, the department shall release only the
nonconfidential details in response to a request for records pursuant
to chapter 22. If confidential details are withheld from a request
for records pursuant to chapter 22, the department shall release an
explanation of why the information was deemed confidential and a
summary of the nature of the information withheld and the reasons for
withholding it. In considering requests for confidential treatment,
the department shall narrowly construe the provisions of this section
in order to appropriately balance an applicant's need for
confidentiality against the public's right to information about the
department's activities.
4. If a request for confidentiality is denied by the department,
an applicant may withdraw the application and any supporting
materials, and the department shall not retain any copies of the
application or supporting materials. Upon notice that an application
has been withdrawn, the department shall not release a copy in
response to a request for records pursuant to chapter 22.
5. The department shall adopt by rule a process for considering
requests to keep information confidential pursuant to this section.
The department may adopt emergency rules pursuant to chapter 17A to
implement this section. The rules shall include criteria for guiding
the department's decisions about the confidential treatment of
applicant information. The criteria may include but are not limited
to the following:
a. The nature and extent of competition in the applicant's
industry sector.
b. The likelihood of adverse financial impact to the
applicant if the information were to be released.
c. The risk that the applicant will locate in another state
if the request is denied.
d. Any other factor the department reasonably considers
relevant. Section History: Recent Form
2008 Acts, ch 1149, §1