Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 2 - Public Records and Fair Information Practices › Rule 751-2.13 - Availability of Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
Commission records are open for public inspection and
			 copying unless otherwise provided by rule or law.
(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;
b. Bids that are opened and only the vendor's
			 name is announced. The proposals will remain confidential until the proposals
			 have been evaluated and the notice of intent to award a contract is made. See
			 Iowa Code section
			 72.3;
c. Tax records made available to the
			 commission;
d. Records which are
			 exempt from disclosure under Iowa Code section
			 22.7;
e. Minutes of closed meetings of a government
			 body;
f. 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"
;
g. Those
			 portions of commission staff manuals, instructions or other statements issued
			 which set forth criteria or guidelines to be used by 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 commission.
h. 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.C.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.
i. Trade secrets which are recognized and
			 protected as such by law including but not limited to network plans from
			 authorized users.
j. Reports to the
			 commission and the agency which, if released, would give advantage to
			 competitors and serve no public purpose including network redesign and
			 engineering or other research and development working papers for improvement or
			 enhancement of the network.
k. Any
			 data processing software developed by the agency.
l. Records concerning security procedures or
			 emergency preparedness developed and maintained by the commission or other
			 federal or state agency for the protection of governmental employees, visitors
			 to the agency, persons in the care, custody, or under the control of the
			 agency, or property under the jurisdiction of the agency, if disclosure could
			 reasonably be expected to jeopardize such employees, visitors, or property.
			 Pursuant to Iowa Code section
			 22.7(50),
			 specific records or classes of records to which this protection also applies
			 may include specific information related to the physical network, contract- and
			 vendor-related records and information associated with security and emergency
			 preparedness, and similar or related records and information.
m. Any other records made confidential by
			 law.