22.7 - CONFIDENTIAL RECORDS.
22.7 CONFIDENTIAL RECORDS.
The following public records shall be kept confidential, unless
otherwise ordered by a court, by the lawful custodian of the records,
or by another person duly authorized to release such information:
1. Personal information in records regarding a student,
prospective student, or former student maintained, created, collected
or assembled by or for a school corporation or educational
institution maintaining such records. This subsection shall not be
construed to prohibit a postsecondary education institution from
disclosing to a parent or guardian information regarding a violation
of a federal, state, or local law, or institutional rule or policy
governing the use or possession of alcohol or a controlled substance
if the child is under the age of twenty-one years and the institution
determines that the student committed a disciplinary violation with
respect to the use or possession of alcohol or a controlled substance
regardless of whether that information is contained in the student's
education records.
2. Hospital records, medical records, and professional counselor
records of the condition, diagnosis, care, or treatment of a patient
or former patient or a counselee or former counselee, including
outpatient. However, confidential communications between a crime
victim and the victim's counselor are not subject to disclosure
except as provided in section 915.20A. However, the Iowa department
of public health shall adopt rules which provide for the sharing of
information among agencies and providers concerning the maternal and
child health program including but not limited to the statewide child
immunization information system, while maintaining an individual's
confidentiality.
3. Trade secrets which are recognized and protected as such by
law.
4. Records which represent and constitute the work product of an
attorney, which are related to litigation or claim made by or against
a public body.
5. Peace officers' investigative reports, and specific portions
of electronic mail and telephone billing records of law enforcement
agencies if that information is part of an ongoing investigation,
except where disclosure is authorized elsewhere in this Code.
However, the date, time, specific location, and immediate facts and
circumstances surrounding a crime or incident shall not be kept
confidential under this section, except in those unusual
circumstances where disclosure would plainly and seriously jeopardize
an investigation or pose a clear and present danger to the safety of
an individual. Specific portions of electronic mail and telephone
billing records may only be kept confidential under this subsection
if the length of time prescribed for commencement of prosecution or
the finding of an indictment or information under the statute of
limitations applicable to the crime that is under investigation has
not expired.
6. Reports to governmental agencies which, if released, would
give advantage to competitors and serve no public purpose.
7. Appraisals or appraisal information concerning the purchase of
real or personal property for public purposes, prior to public
announcement of a project.
8. Iowa department of economic development information on an
industrial prospect with which the department is currently
negotiating.
9. Criminal identification files of law enforcement agencies.
However, records of current and prior arrests and criminal history
data shall be public records.
10. Personal information in confidential personnel records of the
military division of the department of public defense of the state.
11. Personal information in confidential personnel records of
public bodies including but not limited to cities, boards of
supervisors and school districts.
12. Financial statements submitted to the department of
agriculture and land stewardship pursuant to chapter 203 or chapter
203C, by or on behalf of a licensed grain dealer or warehouse
operator or by an applicant for a grain dealer license or warehouse
license.
13. The records of a library which, by themselves or when
examined with other public records, would reveal the identity of the
library patron checking out or requesting an item or information from
the library. The records shall be released to a criminal or juvenile
justice agency only pursuant to an investigation of a particular
person or organization suspected of committing a known crime. The
records shall be released only upon a judicial determination that a
rational connection exists between the requested release of
information and a legitimate end and that the need for the
information is cogent and compelling.
14. The material of a library, museum or archive which has been
contributed by a private person to the extent of any limitation that
is a condition of the contribution.
15. Information concerning the procedures to be used to control
disturbances at adult correctional institutions. Such information
shall also be exempt from public inspection under section 17A.3. As
used in this subsection disturbance means a riot or a condition that
can reasonably be expected to cause a riot.
16. Information in a report to the Iowa department of public
health, to a local board of health, or to a local health department,
which identifies a person infected with a reportable disease.
17. Records of identity of owners of public bonds or obligations
maintained as provided in section 76.10 or by the issuer of the
public bonds or obligations. However, the issuer of the public bonds
or obligations and a state or federal agency shall have the right of
access to the records.
18. Communications not required by law, rule, procedure, or
contract that are made to a government body or to any of its
employees by identified persons outside of government, to the extent
that the government body receiving those communications from such
persons outside of government could reasonably believe that those
persons would be discouraged from making them to that government body
if they were available for general public examination. As used in
this subsection, "persons outside of government" does not include
persons or employees of persons who are communicating with respect to
a consulting or contractual relationship with a government body or
who are communicating with a government body with whom an arrangement
for compensation exists. Notwithstanding this provision:
a. The communication is a public record to the extent that
the person outside of government making that communication consents
to its treatment as a public record.
b. Information contained in the communication is a public
record to the extent that it can be disclosed without directly or
indirectly indicating the identity of the person outside of
government making it or enabling others to ascertain the identity of
that person.
c. Information contained in the communication is a public
record to the extent that it indicates the date, time, specific
location, and immediate facts and circumstances surrounding the
occurrence of a crime or other illegal act, except to the extent that
its disclosure would plainly and seriously jeopardize a continuing
investigation or pose a clear and present danger to the safety of any
person. In any action challenging the failure of the lawful
custodian to disclose any particular information of the kind
enumerated in this paragraph, the burden of proof is on the lawful
custodian to demonstrate that the disclosure of that information
would jeopardize such an investigation or would pose such a clear and
present danger.
19. Examinations, including but not limited to cognitive and
psychological examinations for law enforcement officer candidates
administered by or on behalf of a governmental body, to the extent
that their disclosure could reasonably be believed by the custodian
to interfere with the accomplishment of the objectives for which they
are administered.
20. Information concerning the nature and location of any
archaeological resource or site if, in the opinion of the state
archaeologist, disclosure of the information will result in
unreasonable risk of damage to or loss of the resource or site where
the resource is located. This subsection shall not be construed to
interfere with the responsibilities of the federal government or the
state historic preservation officer pertaining to access, disclosure,
and use of archaeological site records.
21. Information concerning the nature and location of any
ecologically sensitive resource or site if, in the opinion of the
director of the department of natural resources after consultation
with the state ecologist, disclosure of the information will result
in unreasonable risk of damage to or loss of the resource or site
where the resource is located. This subsection shall not be
construed to interfere with the responsibilities of the federal
government or the director of the department of natural resources and
the state ecologist pertaining to access, disclosure, and use of the
ecologically sensitive site records.
22. Reports or recommendations of the Iowa insurance guaranty
association filed or made pursuant to section 515B.10, subsection 1,
paragraph "a", subparagraph (2).
23. Information or reports collected or submitted pursuant to
section 508C.12, subsections 3 and 5, and section 508C.13, subsection
2, except to the extent that release is permitted under those
sections.
24. Records of purchases of alcoholic liquor from the alcoholic
beverages division of the department of commerce which would reveal
purchases made by an individual class "E" liquor control licensee.
However, the records may be revealed for law enforcement purposes or
for the collection of payments due the division pursuant to section
123.24.
25. Financial information, which if released would give advantage
to competitors and serve no public purpose, relating to commercial
operations conducted or intended to be conducted by a person
submitting records containing the information to the department of
agriculture and land stewardship for the purpose of obtaining
assistance in business planning.
26. Applications, investigation reports, and case records of
persons applying for county general assistance pursuant to section
252.25.
27. Marketing and advertising budget and strategy of a nonprofit
corporation which is subject to this chapter. However, this
exemption does not apply to salaries or benefits of employees who are
employed by the nonprofit corporation to handle the marketing and
advertising responsibilities.
28. The information contained in records of the centralized
employee registry created in chapter 252G, except to the extent that
disclosure is authorized pursuant to chapter 252G.
29. Records and information obtained or held by independent
special counsel during the course of an investigation conducted
pursuant to section 68B.31A. Information that is disclosed to a
legislative ethics committee subsequent to a determination of
probable cause by independent special counsel and made pursuant to
section 68B.31 is not a confidential record unless otherwise provided
by law.
30. Information contained in a declaration of paternity completed
and filed with the state registrar of vital statistics pursuant to
section 144.12A, except to the extent that the information may be
provided to persons in accordance with section 144.12A.
31. Memoranda, work products, and case files of a mediator and
all other confidential communications in the possession of a
mediator, as provided in chapters 86 and 216. Information in these
confidential communications is subject to disclosure only as provided
in sections 86.44 and 216.15B, notwithstanding any other contrary
provision of this chapter.
32. Social security numbers of the owners of unclaimed property
reported to the treasurer of state pursuant to section 556.11,
subsection 2, included on claim forms filed with the treasurer of
state pursuant to section 556.19, included in outdated warrant
reports received by the treasurer of state pursuant to section
556.2C, or stored in record systems maintained by the treasurer of
state for purposes of administering chapter 556, or social security
numbers of payees included on state warrants included in records
systems maintained by the department of administrative services for
the purpose of documenting and tracking outdated warrants pursuant to
section 556.2C.
33. Data processing software, as defined in section 22.3A, which
is developed by a government body.
34. A record required under the Iowa financial transaction
reporting Act listed in section 529.2, subsection 9.
35. Records of the Iowa department of public health pertaining to
participants in the gambling treatment program except as otherwise
provided in this chapter.
36. Records of a law enforcement agency or the state department
of transportation regarding the issuance of a driver's license under
section 321.189A.
37. Mediation communications as defined in section 679C.102,
except written mediation agreements that resulted from a mediation
which are signed on behalf of a governing body. However,
confidentiality of mediation communications resulting from mediation
conducted pursuant to chapter 216 shall be governed by chapter 216.
38. a. Records containing information that would disclose, or
might lead to the disclosure of, private keys used in an electronic
signature or other similar technologies as provided in chapter 554D.
b. Records which if disclosed might jeopardize the security
of an electronic transaction pursuant to chapter 554D.
39. Information revealing the identity of a packer or a person
who sells livestock to a packer as reported to the department of
agriculture and land stewardship pursuant to section 202A.2.
40. The portion of a record request that contains an internet
protocol number which identifies the computer from which a person
requests a record, whether the person using such computer makes the
request through the IowAccess network or directly to a lawful
custodian. However, such record may be released with the express
written consent of the person requesting the record.
41. Medical examiner records and reports, including preliminary
reports, investigative reports, and autopsy reports. However,
medical examiner records and reports shall be released to a law
enforcement agency that is investigating the death, upon the request
of the law enforcement agency, and autopsy reports shall be released
to the decedent's immediate next of kin upon the request of the
decedent's immediate next of kin unless disclosure to the decedent's
immediate next of kin would jeopardize an investigation or pose a
clear and present danger to the public safety or the safety of an
individual. Information regarding the cause and manner of death
shall not be kept confidential under this subsection unless
disclosure would jeopardize an investigation or pose a clear and
present danger to the public safety or the safety of an individual.
42. Information obtained by the commissioner of insurance in the
course of an investigation as provided in section 523C.23.
43. Information obtained by the commissioner of insurance
pursuant to section 502.607.
44. Information provided to the court and state public defender
pursuant to section 13B.4, subsection 5; section 814.11, subsection
7; or section 815.10, subsection 5.
45. The critical asset protection plan or any part of the plan
prepared pursuant to section 29C.8 and any information held by the
homeland security and emergency management division that was supplied
to the division by a public or private agency or organization and
used in the development of the critical asset protection plan to
include, but not be limited to, surveys, lists, maps, or photographs.
However, the administrator shall make the list of assets available
for examination by any person. A person wishing to examine the list
of assets shall make a written request to the administrator on a form
approved by the administrator. The list of assets may be viewed at
the division's offices during normal working hours. The list of
assets shall not be copied in any manner. Communications and asset
information not required by law, rule, or procedure that are provided
to the administrator by persons outside of government and for which
the administrator has signed a nondisclosure agreement are exempt
from public disclosures. The homeland security and emergency
management division may provide all or part of the critical asset
plan to federal, state, or local governmental agencies which have
emergency planning or response functions if the administrator is
satisfied that the need to know and intended use are reasonable. An
agency receiving critical asset protection plan information from the
division shall not redisseminate the information without prior
approval of the administrator.
46. Military personnel records recorded by the county recorder
pursuant to section 331.608.
47. A report regarding interest held in agricultural land
required to be filed pursuant to chapter 10B.
48. Sex offender registry records under chapter 692A, except as
provided in section 692A.121.
49. Confidential information, as defined in section 86.45,
subsection 1, filed with the workers' compensation commissioner.
50. Information concerning security procedures or emergency
preparedness information developed and maintained by a government
body for the protection of governmental employees, visitors to the
government body, persons in the care, custody, or under the control
of the government body, or property under the jurisdiction of the
government body, if disclosure could reasonably be expected to
jeopardize such employees, visitors, persons, or property.
a. Such information includes but is not limited to
information directly related to vulnerability assessments;
information contained in records relating to security measures such
as security and response plans, security codes and combinations,
passwords, restricted area passes, keys, and security or response
procedures; emergency response protocols; and information contained
in records that if disclosed would significantly increase the
vulnerability of critical physical systems or infrastructures of a
government body to attack.
b. This subsection shall only apply to information held by a
government body that has adopted a rule or policy identifying the
specific records or class of records to which this subsection applies
and which is contained in such a record.
51. The information contained in the information program
established in section 124.551, except to the extent that disclosure
is authorized pursuant to section 124.553.
52. a. The following records relating to a charitable
donation made to a foundation acting solely for the support of an
institution governed by the state board of regents, to a foundation
acting solely for the support of an institution governed by chapter
260C, to a private foundation as defined in section 509 of the
Internal Revenue Code organized for the support of a government body,
or to an endow Iowa qualified community foundation, as defined in
section 15E.303, organized for the support of a government body:
(1) Portions of records that disclose a donor's or prospective
donor's personal, financial, estate planning, or gift planning
matters.
(2) Records received from a donor or prospective donor regarding
such donor's prospective gift or pledge.
(3) Records containing information about a donor or a prospective
donor in regard to the appropriateness of the solicitation and dollar
amount of the gift or pledge.
(4) Portions of records that identify a prospective donor and
that provide information on the appropriateness of the solicitation,
the form of the gift or dollar amount requested by the solicitor, and
the name of the solicitor.
(5) Portions of records disclosing the identity of a donor or
prospective donor, including the specific form of gift or pledge that
could identify a donor or prospective donor, directly or indirectly,
when such donor has requested anonymity in connection with the gift
or pledge. This subparagraph does not apply to a gift or pledge from
a publicly held business corporation.
b. The confidential records described in paragraph "a",
subparagraphs (1) through (5), shall not be construed to make
confidential those portions of records disclosing any of the
following:
(1) The amount and date of the donation.
(2) Any donor-designated use or purpose of the donation.
(3) Any other donor-imposed restrictions on the use of the
donation.
(4) When a pledge or donation is made expressly conditioned on
receipt by the donor, or any person related to the donor by blood or
marriage within the third degree of consanguinity, of any privilege,
benefit, employment, program admission, or other special
consideration from the government body, a description of any and all
such consideration offered or given in exchange for the pledge or
donation.
c. Except as provided in paragraphs "a" and "b",
portions of records relating to the receipt, holding, and
disbursement of gifts made for the benefit of regents institutions
and made through foundations established for support of regents
institutions, including but not limited to written fund-raising
policies and documents evidencing fund-raising practices, shall be
subject to this chapter.
d. This subsection does not apply to a report filed with the
ethics and campaign disclosure board pursuant to section 8.7.
53. Information obtained and prepared by the commissioner of
insurance pursuant to section 507.14.
54. Information obtained and prepared by the commissioner of
insurance pursuant to section 507E.5.
55. An intelligence assessment and intelligence data under
chapter 692, except as provided in section 692.8A.
56. Individually identifiable client information contained in the
records of the state database created as a homeless management
information system pursuant to standards developed by the United
States department of housing and urban development and utilized by
the Iowa department of economic development.
57. The following information contained in the records of any
governmental body relating to any form of housing assistance:
a. An applicant's social security number.
b. An applicant's personal financial history.
c. An applicant's personal medical history or records.
d. An applicant's current residential address when the
applicant has been granted or has made application for a civil or
criminal restraining order for the personal protection of the
applicant or a member of the applicant's household.
58. Information filed with the commissioner of insurance pursuant
to sections 523A.204 and 523A.502A.
59. The information provided in any report, record, claim, or
other document submitted to the treasurer of state pursuant to
chapter 556 concerning unclaimed or abandoned property, except the
name and last known address of each person appearing to be entitled
to unclaimed or abandoned property paid or delivered to the treasurer
of state pursuant to that chapter.
60. Information possessed by the office of energy independence,
the Iowa power fund board, or the due diligence committee associated
with the office and the board, relating to a prospective applicant
with which the office, board, or committee is currently negotiating,
or an award recipient, shall only be released as provided in section
469.6, subsection 6.
61. Information in a record that would permit a governmental body
subject to chapter 21 to hold a closed session pursuant to section
21.5 in order to avoid public disclosure of that information, until
such time as final action is taken on the subject matter of that
information. Any portion of such a record not subject to this
subsection, or not otherwise confidential, shall be made available to
the public. After the governmental body has taken final action on
the subject matter pertaining to the information in that record, this
subsection shall no longer apply. This subsection shall not apply
more than ninety days after a record is known to exist by the
governmental body, unless it is not possible for the governmental
body to take final action within ninety days. The burden shall be on
the governmental body to prove that final action was not possible
within the ninety-day period.
62. Records of the department on aging pertaining to clients
served by the office of substitute decision maker.
63. Records of the department on aging pertaining to clients
served by the elder abuse prevention initiative.
64. Information obtained by the superintendent of credit unions
in connection with a complaint response process as provided in
section 533.501, subsection 3. Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 68A.7; 81 Acts, ch 36, § 1, ch 37, §
1, ch 38, § 1, ch 62, § 4] Section History: Recent Form
83 Acts, ch 90, § 9; 84 Acts, ch 1014, § 1; 84 Acts, ch 1185, § 5,
6
C85, § 22.7
85 Acts, ch 134, §16; 85 Acts, ch 175, §1; 85 Acts, ch 208, §1; 86
Acts, ch 1184, §1; 86 Acts, ch 1228, §1; 87 Acts, ch 223, § 20; 88
Acts, ch 1010, § 1; 88 Acts, ch 1256, § 1; 89 Acts, ch 194, § 1; 89
Acts, ch 304, § 102; 89 Acts, ch 311, § 22; 90 Acts, ch 1017, §1; 90
Acts, ch 1271, §703; 92 Acts, ch 1212, § 3; 93 Acts, ch 79, §2; 93
Acts, ch 163, §27; 94 Acts, ch 1023, §76; 94 Acts, ch 1064, §1; 94
Acts, ch 1092, §1; 94 Acts, ch 1174, §1; 95 Acts, ch 100, § 1; 95
Acts, ch 129, § 1; 95 Acts, ch 191, § 1; 96 Acts, ch 1037, § 1; 96
Acts, ch 1099, § 16; 96 Acts, ch 1133, § 38; 96 Acts, ch 1150, § 1;
96 Acts, ch 1212, § 10; 97 Acts, ch 92, §1; 97 Acts, ch 159, §1; 98
Acts, ch 1062, §8, 9; 98 Acts, ch 1073, § 9; 98 Acts, ch 1090, § 59,
84; 99 Acts, ch 88, §1, 11, 13; 99 Acts, ch 146, §43; 2000 Acts, ch
1014, §1; 2000 Acts, ch 1140, §1; 2000 Acts, ch 1147, §27; 2000 Acts,
ch 1161, §1; 2000 Acts, ch 1189, §25; 2001 Acts, ch 24, §17; 2001
Acts, ch 108, §1; 2002 Acts, ch 1038, §1; 2002 Acts, ch 1067, §13;
2002 Acts, ch 1076, §2; 2002 Acts, ch 1098, §1; 2002 Acts, ch 1117,
§53, 56; 2003 Acts, ch 114, §1; 2003 Acts, ch 145, §286; 2003 Acts,
ch 179, §157; 2004 Acts, ch 1091, §3; 2004 Acts, ch 1104, §4; 2004
Acts, ch 1147, §6; 2004 Acts, ch 1161, §65, 68; 2004 Acts, ch 1175,
§462, 468; 2005 Acts, ch 19, §16; 2005 Acts, ch 68, §2; 2005 Acts, ch
168, §8, 23; 2006 Acts, ch 1054, §1, 2; 2006 Acts, ch 1117, §2; 2006
Acts, ch 1122, §1; 2006 Acts, ch 1127, §1; 2006 Acts, ch 1147, §1,
11; 2006 Acts, ch 1148, §1; 2006 Acts, ch 1185, §57, 58, 92; 2007
Acts, ch 37, §1; 2007 Acts, ch 62, §1; 2007 Acts, ch 126, §11; 2007
Acts, ch 175, §1; 2008 Acts, ch 1032, §201; 2008 Acts, ch 1144, §2,
12, 13; 2008 Acts, ch 1191, §34, 99; 2009 Acts, ch 23, §6; 2009 Acts,
ch 48, §1; 2009 Acts, ch 119, §33
Referred to in § 2C.9, 8E.202, 10B.5, 15.274, 21.5, 34A.7A,
68B.31, 68B.32B, 76.11, 87.11, 99G.34, 100.5, 124.553, 135.43,
135A.7, 135O.4, 136A.7, 147A.26, 166D.10, 202A.2, 203.11B, 203D.4,
206.23A, 232.149, 252G.5, 263B.10, 266.46, 266.47, 280.19A, 299A.11,
321.189A, 452A.33, 455B.117, 462A.7, 465C.14, 476.4A, 476.74, 477A.7,
515.103, 523A.204, 523A.502A, 523C.23, 556.24A, 692.8A, 692.18,
708.2B, 716.6B, 901.5B, 907.4, 915.90 Footnotes
Future repeal of subsection 39 if substantially similar federal
legislation or regulation is implemented; finding and order by
secretary of agriculture; 99 Acts, ch 88, §11
Subsection 60 takes effect May 7, 2008, and applies to requests
relating to applications in process on that date; 2008 Acts, ch 1144,
§12, 13
Subsection 61 does not apply to litigation before any court that
was filed prior to July 1, 2008; 2008 Acts, ch 1191, §99