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 2.3(17A,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 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 specified 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.
(6) Notwithstanding any other provision, the
following information will not be considered confidential by the department:
a. Emission data;
b. Analytical results of monitoring or public
water supply systems;
c. Name and
address of any permit applicant;
d.
NPDES permits, applications (including any information required by NPDES
application forms) and effluent data.
