The custodian may treat a record as a confidential record
and withhold it from examination only to the extent that the custodian is
authorized by Iowa Code section
22.7, another
applicable provision of law, or a court order to refuse to disclose that record
to members of the public.
(1)
Persons who may request. Any person who would be aggrieved or
adversely affected by disclosure of a record and who asserts that Iowa Code
section
22.7, another
applicable provision of law, or a court order authorizes the custodian to treat
the record as a confidential record may request the custodian to treat that
record as a confidential record and to withhold it from public
inspection.
(2)
Request. A request that a
record be treated as a
confidential
record and be withheld from public inspection shall be in writing and shall be
filed with the
custodian. The request must set forth the legal and factual
basis justifying such
confidential record treatment for that
record and the
name, address, and telephone number of the person authorized to respond to any
inquiry or action of the
custodian concerning the request. A person requesting
treatment of a
record as a
confidential record may also be required to sign a
certified statement or affidavit enumerating the specific reasons justifying
the treatment of that
record as a
confidential record and to provide any proof
necessary to establish relevant facts. Requests for treatment of a
record as
such a
confidential record for a limited time period shall also specify the
precise period of time for which that treatment is requested.
A person filing such a request shall, if possible, accompany
the request with a copy of the record in question with those portions deleted
for which such confidential record treatment has been requested. If the
original record is being submitted to the office by the person requesting such
confidential treatment at the time the request is filed, the person shall
indicate conspicuously on the original record that all or portions of it are
confidential.
(3)
Failure to request. Failure of a person to request
confidential record treatment for a record does not preclude the custodian from
treating it as a confidential record. However, if a person who has submitted
business information to the office does not request that it be withheld from
public inspection under Iowa Code sections
22.7(3) and
22.7(6),
the custodian of records containing that information may proceed as if that
person has no objection to its disclosure to members of the public.
(4)
Timing of decision. A
decision by the custodian with respect to the disclosure of a record to members
of the public may be made when a request for its treatment as a confidential
record that is not available for public inspection is filed, or when the
custodian receives a request for access to the record by a member of the
public.
(5)
Request granted
or deferred. If a request for such confidential record treatment is
granted, or if action on such a request is deferred, a copy of the record from
which the matter in question has been deleted and a copy of the decision to
grant the request or to defer action upon the request will be made available
for public inspection in lieu of the original record. If the custodian
subsequently receives a request for access to the original record, the
custodian will make reasonable and timely efforts to notify any person who has
filed a request for its treatment as a confidential record that is not
available for public inspection of the pendency of that subsequent request.
(6)
Request denied and
opportunity to seek injunction. If a request that a record be treated
as a confidential record and be withheld from public inspection is denied, the
custodian shall notify the requester in writing of that determination and the
reasons therefor. On application by the requester, the custodian may engage in
a good-faith, reasonable delay in allowing examination of the record so that
the requester may seek injunctive relief under the provisions of Iowa Code
section
22.8,
or other applicable provision of law. However, such a record shall not be
withheld from public inspection for any period of time if the custodian
determines that the requester had no reasonable grounds to justify the
treatment of that record as a confidential record. The custodian shall notify
the requester in writing of the time period allowed to seek injunctive relief
or the reasons for the determination that no reasonable grounds exist to
justify the treatment of that record as a confidential record. The custodian
may extend the period of good-faith, reasonable delay in allowing examination
of the record so that the requester may seek injunctive relief only if no
request for examination of that record has been received, or if a court directs
the custodian to treat it as a confidential record, or to the extent permitted
by another applicable provision of law, or with the consent of the person
requesting access.
