Iowa Admin. Code r. 11-4.13 - Availability of records
(1)
Open
records. Department records are open for public inspection and copying
unless otherwise provided by rule or law.
(2)
Confidential records.
The following records under the jurisdiction of the department may be withheld
from public inspection. Records are listed by category, according to the legal
basis for withholding them from public inspection.
a. The department is a depository for the
records of other public bodies. Records are maintained on paper, audiotape,
microform, and electronic information storage and media systems. Although these
records are in the physical possession of the department , the responsibility
for compliance with Iowa Code chapter 22 remains with the "lawful custodian ."
The public body requesting creation or storage of the record by the department
is the lawful custodian (see Iowa Code section
22.1, definition of "lawful
custodian "). All such records are confidentially maintained while in the
possession of the department . Requests for access to any such records must be
directed to the lawful custodian . Any records maintained by the department
concerning the content, location, or disposition of such records are
confidential in order to maintain security for access to confidential records
pursuant to Iowa Code section
22.7.
b. Sealed bids received prior to the time set
for public opening of bids. (Iowa Code section
72.3)
c. Procurement proposals prior to completion
of the evaluation process and the issuance of a notice of intent to award a
contract by the appropriate procurement authority . (11-subrule 105.19(3), Iowa
Administrative Code)
d. Tax records
made available to the department . (Iowa Code sections
422.20 and
422.72)
e. Records which are exempt from disclosure
under Iowa Code section
22.7.
f. Minutes of closed meetings of a government
body. (Iowa Code section
21.5(4))
g. Identifying details in final
orders, decisions, and opinions to the extent required to prevent a clearly
unwarranted invasion of personal privacy or trade secrets under Iowa Code
section 17A.3(1)
"e."
h. Those
portions of department staff manuals, instructions, or other statements issued
which set forth criteria or guidelines to be used by department staff in
auditing, in making inspections, in settling commercial disputes or negotiating
commercial arrangements, or in the selection or handling of cases, such as
operational tactics or allowable tolerances of criteria for the defense,
prosecution, or settlement of cases, when disclosure of these statements would:
(1) Enable law violators to avoid
detection;
(2) Facilitate disregard
of requirements imposed by law; or
(3) Give a clearly improper advantage to
persons who are in an adverse position to the department . (See Iowa Code
sections 17A.2 and
17A.3.)
i. Records which constitute attorney work
product, attorney-client communications, or which are otherwise privileged.
Attorney work product is confidential under Iowa Code sections
22.7(4),
602.10112,
622.10 and
622.11, Iowa R. Civ. P.
1.503(3), Fed. R. Civ. P. 26(b)(3), and case law.
j. Reports to government agencies which, if
released, would give advantage to competitors and serve no public purpose.
(Iowa Code section 22.7)
k. Vehicle accident reports submitted to the
department by drivers and peace officers. (Iowa Code section
321.271)
(1) However, access shall be granted to those
persons authorized by Iowa Code section
321.271.
(2) Pursuant to Iowa Code section
22.7, the lawful custodian may
release the following information from peace officers' accident reports even
though the reports are confidential: date, time, and location of accident;
names of parties to the accident; owners and descriptions of the motor vehicles
involved; name of investigating officer; names of injured; locations where
motor vehicles and injured were transported; and the identification and owners
of damaged property other than motor vehicles.
l. Confidential assignments of state vehicles
by fleet services . These records include letters/memos detailing driver
assignments and plate numbers for selected vehicles pursuant to Iowa Code
sections 8A.362 and
321.19(1).
m. Computer resource security files
containing names, identifiers, and passwords of users of computer resources.
This file must be kept confidential to maintain security for access to
confidential records pursuant to Iowa Code section
22.7.
n. Personal information in confidential
personnel records of public bodies including but not limited to cities, boards
of supervisors, and school districts.
o. Communications not required by law, rule,
or procedure 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
communications to that government body if the communications were available for
general public examination. (See Iowa Code section
22.7.)
p. Information contained in records of the
centralized employee registry created in Iowa Code chapter 252G, except to the
extent that disclosure is authorized pursuant to Iowa Code chapter 252G. (See
Iowa Code section 22.7.)
q. Data processing software , as defined in
Iowa Code section
22.3A,
which is developed by a government body.
r. Log-on identification passwords, Internet
protocol addresses, private keys, or other records containing information which
might lead to the disclosure of private keys used in a digital signature or
other similar technologies as provided in Iowa Code chapter 554D.
s. Records which if disclosed might
jeopardize the security of an electronic transaction pursuant to Iowa Code
chapter 554D.
t. Any other records
made confidential by law.
(3)
Authority to release confidential
records. The department may have discretion to disclose some
confidential records which are exempt from disclosure under Iowa Code section
22.7 or other law.
Any person may request permission to inspect these records withheld from
inspection under a statute which authorizes limited or discretionary disclosure
as provided in rule 11-4.4 (8A,17A,22). If the
department initially determines that it will release such records, the
department may, where appropriate, notify interested persons and withhold the
records from inspection as provided in subrule 4.4(3).
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.