Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 5 - Public Records and Fair Information Practices › Rule 481-5.16 - Personally Identifiable Information

Current through Register Vol. 47, No. 3, July 24, 2024
The department maintains systems of records which contain
				personally identifiable information.
(1)
Rule making.
Rule-making
			 records may contain information about people who make written or oral comments
			 about proposed rules. Iowa Code section
			 17A.4 requires collection and
			 retention of this information.
(2)
Administrative hearings division.
Contested case records are
			 maintained in electronic files and contain names and identifying numbers of
			 people involved. Evidence and documents submitted as a result of a hearing are
			 contained in the contested case file.
Records are collected by authority of Iowa Code chapter 10A.
				None of the information stored in a data processing system is compared with
				information in any other data processing system.
Records of hearings are recorded digitally or in written
				transcripts.
(3)
Appellate defender.
By authority of Iowa Code chapter 13B, the
			 appellate defender maintains information and records relating to criminal and
			 postconviction relief cases that are being appealed. Records contain names and
			 identifying numbers of persons involved in these cases, and are maintained in
			 paper and electronic files. Case information is not stored in a data processing
			 system and cannot be compared with information in any data processing system.
			 By authority of Iowa Code section
			 915.36, the appellate defender
			 shall not disclose the names of child victims. Presentence investigation
			 reports in the possession of the appellate defender are confidential records
			 pursuant to Iowa Code section
			 901.4.
Litigation files or records contain information regarding
				litigation or anticipated litigation, which includes judicial and
				administrative proceedings. The records include briefs, depositions, docket
				sheets, documents, correspondence, attorney's notes, memoranda, research
				materials, witness information, investigation materials, information compiled
				under the direction of the attorney, and case management records. The files
				contain material which is confidential as attorney work product and
				attorney-client communications. Some materials are confidential under other
				applicable provisions of law or because of a court order. Persons wishing
				copies of pleadings and other documents filed in litigation should obtain them
				from the clerk of the appropriate court which maintains the official
				copy.
(4)
Investigations division.
Files are stored electronically using
			 encrypted cloud storage and state-administered servers. Electronic records are
			 retrievable using a name, social security number, state identification number,
			 or other program identifier, as applicable.
All records are collected and stored by the investigations
				division pursuant to Iowa Code section
				10A.402.
Comparisons between record systems are explained in rule
				481-90.8(10A).
(5)
Health facilities division.
Records of the health facilities
			 division are collected pursuant to Iowa Code sections
			 10A.702,
			 235E.2, and other entity- and
			 program-specific authority. Records are maintained in paper and electronic
			 files and may contain personally identifiable information. Records may be
			 compared with information on data processing systems, including the direct care
			 worker registry, and may be retrievable by personal identifier. A general list
			 of records considered confidential is available in rule
			 481-50.8 (10A).