Iowa Administrative Code › Agency 61 - Attorney General › Chapter 2 - Public Records and Fair Information Practices › Rule 61-2.13 - Availability of Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
Agency records are open for public inspection and
			 copying unless otherwise provided by rule or law. Because this office primarily
			 serves as an attorney for the state, many of its records are privileged. This
			 office advises most state agencies. As a result, this office may have records
			 in its possession which are subject to various confidentiality requirements.
			 The office also has possession of many records which may be open records but
			 which are copies of materials from another agency, which have been filed in
			 judicial or administrative proceedings, or which are available in the state law
			 library. This office will often refer persons to the originating agency, the
			 clerk of the appropriate court, or the law library for those records. This is
			 consistent with the functions of those entities, ensures that the requester get
			 a clean official copy of the record, and protects the integrity of attorney
			 files against unintended disclosures of confidential information.
(2)
Confidential records.
The following records may be withheld from public inspection. Records are
			 listed by category, according to the legal basis for withholding them from
			 public inspection.
a. Sealed bids received
			 prior to the time set for public opening of bids. (Iowa Code section
			 72.3
			)
b. Tax records made available to
			 the agency. (Iowa Code sections
			 422.20,
			 422.72
			)
c. Records which are exempt from
			 disclosure under Iowa Code section
			 22.7.
d. Minutes of closed meetings of a government
			 body. (Iowa Code section
			 21.5(4)
			 )
e. Identifying details in final orders,
			 decisions, and opinions to the extent required to prevent a clearly unwarranted
			 invasion of personal privacy or trade secrets under Iowa Code section
			 17A.3(1)
"d. "
f. Those portions of agency staff manuals,
			 instructions or other statements issued which set forth criteria or guidelines
			 to be used by agency staff in auditing, in making inspections, in settling
			 commercial disputes or negotiating commercial arrangements, or in the selection
			 or handling of cases, such as operational tactics or allowable tolerances or
			 criteria for the defense, prosecution, or settlement of cases, when disclosure
			 of these statements would:
(1) Enable law
			 violators to avoid detection;
(2)
			 Facilitate disregard of requirements imposed by law; or
(3) Give a clearly improper advantage to
			 persons who are in an adverse position to the agency. (See Iowa Code sections
			 17A.2,
			 17A.3.)
g. Records which constitute
			 attorney work product, attorney-client communications, or which are otherwise
			 privileged. Attorney work product is confidential under Iowa Code sections
			 22.7(4),
			 622.10,
			 and
			 622.11, Iowa R.
			 Civ. P. 122(c), Fed. R. Civ. P. 26(b)(3), and case law. Attorney-client
			 communications are confidential under Iowa Code sections
			 622.10
			 and
			 622.11, the rules
			 of evidence, the Code of Professional Responsibility, and case law.
h. Antitrust investigative records as
			 provided in Iowa Code section
			 553.9.
i. Criminal investigative reports or
			 investigative data under Iowa Code section
			 22.7(5).
j. Criminal history and intelligence data
			 under Iowa Code sections
			 22.7(9),
			 692.3,
			 and
			 692.18.
k. Confidential informant information under
			 Iowa Code section
			 22.7(18).
l. Presentence investigation reports under
			 Iowa Code section
			 901.4.
m. Minutes of testimony under Iowa Rules of
			 Criminal Procedure 4(6)(a) and 5(5).
n. Information obtained in grand jury
			 investigations under Rule 3(4)(d).
o. Information obtained through a prosecuting
			 attorney's subpoena under Rule 5(6).
p. Information which is confidential under
			 the law governing the referring agency client or the agency providing
			 information to this office.
q.
			 Biographical or identifying information about a child victim under Iowa Code
			 section 910A. 13.
r. Victim
			 registration under Iowa Code sections 910A. 6 to 910A. 10 and 910A.
			 17.
s. Any other records made
			 confidential by law.