Under Iowa Code section
22.7 or other
applicable provisions of law, the lawful custodian may disclose certain
confidential records to one or more members of the public. Other provisions of
law authorize or require the custodian to release specified confidential
records under certain circumstances or to particular persons. In requesting the
custodian to permit the examination and copying of such a confidential record,
the following procedures apply and are in addition to those specified for
requests for access to records in rule 621-12.3 (17A,20,22).
(1)
Proof of identity. A
person requesting access to a confidential record may be required to provide
proof of identity or authority to secure access to the record.
(2)
Requests. The custodian
may require that a request to examine and copy a confidential record be in
writing. A person requesting access to such a record may be required to sign a
certified statement or affidavit enumerating the specific reasons justifying
access to the confidential record and to provide any proof necessary to
establish relevant facts.
(3)
Notice to subject of record and opportunity to obtain
injunction. After the custodian receives a request for access to a
confidential record, and before the custodian releases such a record, the
custodian may make reasonable efforts to notify promptly any person who is a
subject of that record, is identified in that record, and whose address, email
address or telephone number is contained in that record. To the extent such a
delay is practicable and in the public interest, the custodian may give the
subject of such a confidential record to whom notification is transmitted a
reasonable opportunity to seek an injunction under Iowa Code section
22.8,
and indicate to the subject of the record the specific period of time during
which disclosure will be delayed for that purpose.
(4)
Request denied. When the
custodian denies a request for access to a
confidential record, the
custodian
shall promptly notify the requester. If the requester indicates to the
custodian that a written notification of the denial is desired, the
custodian
shall promptly provide such a notification that is signed by the
custodian and
that includes:
a. The name and title or
position of the custodian responsible for the denial; and
b. A citation to the provision of law vesting
authority in the custodian to deny disclosure of the record and a brief
statement of the reasons for the denial to this requester.
(5)
Request granted. When
the custodian grants a request for access to a confidential record to a
particular person, the custodian shall notify that person and indicate any
lawful restrictions imposed by the custodian on that person's examination and
copying of the record.
