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 from which those portions for
which such confidential record treatment has been requested have been deleted.
If the original record is being submitted to the agency 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 agency does not request that it be withheld from
public inspection under Iowa Code section
22.7(3)
or
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 need 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
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.