Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 11 - Public Records and Fair Information Practices › Rule 161-11.13 - Personally Identifiable Information

Current through Register Vol. 47, No. 3, July 24, 2024
This rule describes the nature and extent of personally
				identifiable information which is collected, maintained, and retrieved by the
				agency by personal identifier in record systems as defined in rule
				161-11.1
				(17A,22,216). Unless otherwise stated, the authority for this office to
				maintain the record is provided by Iowa Code chapter 216, the statutes
				governing the subject matter of the record, and the enabling statutes of the
				agency client, where applicable. The record systems maintained by the agency
				shall include but are not limited to the following:
(1)
Investigatory files.
These files or records contain information collected or generated by Iowa civil
			 rights commission staff or commissioners relating to any step in the complaint
			 process beginning with the consideration or contemplation of filing a complaint
			 up to the issuance of a notice of public hearing. Most of these records are
			 paper files. However, some case management records and other records are in
			 computer form. Those files are commonly indexed by the name of the opposing
			 party. Some files are indexed by subject matter, witness, agency or other
			 category.
(2)
Litigation
			 files.
These files or records contain information regarding litigation
			 or anticipated litigation, which includes judicial and administrative
			 proceedings. The records include pleadings, briefs, depositions, discovery
			 material, docket sheets, documents, general correspondence, attorney-client
			 correspondence, attorneys' notes, memoranda, research materials, witness
			 information, investigation materials, information compiled under the direction
			 of the attorney, and case management records. Most of these records are paper
			 files. However, some case management records and other records are in computer
			 form. The files are generally maintained by division and are commonly indexed
			 by the name of the opposing party. Some files are indexed by subject matter,
			 witness, agency, or other category. The files contain materials which are
			 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 these from the clerk of the appropriate court which
			 maintains the official copy.
(3)
Records.
State of Iowa files are a subpart of the complaint
			 file system and contain general information on an individual or business
			 including correspondence, investigative information, agency subpoenas, demands
			 for information and responses. Work product information contained in the state
			 of Iowa file is considered confidential. The records are subject to the same
			 confidentiality provisions as are complaint files.
(4)
Personnel files.
The
			 Iowa civil rights commission and individual divisions maintain files containing
			 information about employees and applicants for positions with the agency. The
			 files contain payroll records, biographical information, medical information
			 relating to disability, performance reviews and evaluations, disciplinary
			 information, information required for tax withholding, information concerning
			 employee benefits, affirmative action reports, and other information concerning
			 the employer-employee relationship. Some of this information is confidential
			 under Iowa Code section
			 22.7(11).