Iowa Administrative Code › Agency 223 - Historical Division › Chapter 3 - Public Records and Fair Information Practices › Rule 223-3.5 - Requests for Treatment of a Record as a Confidential Record and Its Withholding From Examination

Current through Register Vol. 47, No. 3, July 24, 2024
The custodian may treat a record in the state archives as a
				confidential record and withhold it form examination only to the extent that
				the custodian is authorized by Iowa Code section
				22.7, another
				applicable provision of law, or a court order, to refuse to disclose that
				record to members of the public. A record that is confidential in the agency of
				origin retains its confidential status when transferred to the custody of the
				state archivist.
(1)
Persons
			 who may request.
Any person who would be aggrieved or adversely
			 affected by disclosure of a record and who asserts that Iowa Code section
			 22.7, another
			 applicable provision of law, or a court order, authorizes the custodian to
			 treat the record as a confidential record, may request the custodian to treat
			 that record as a confidential record and to withhold it from public
			 inspection.
(2)
Request.
A request that a record be treated as a confidential
			 record and be withheld from public inspection shall be in writing and shall be
			 filed with the custodian. The request must set forth the legal and factual
			 basis justifying such confidential record treatment for that record, and the
			 name, address, and telephone number of the person authorized to respond to any
			 inquiry or action of the custodian concerning the request. A person requesting
			 treatment of a record as a confidential record may also be required to sign a
			 certified statement or affidavit enumerating the specific reasons justifying
			 the treatment of that record as a confidential record and to provide any proof
			 necessary to establish relevant facts. Requests for treatment of a record as
			 such a confidential record for a lunited time period shall also specify the
			 precise period of time for which that treatment is requested.
A person filing such a request shall, if possible, accompany
				the request with a copy of the record in question from which those portions for
				which such confidential record treatment has been requested have been deleted.
				If the original record is being submitted to the state archives by the person
				requesting such confidential treatment at the time the request is filed, the
				person shall indicate conspicuously on the original record that all or portions
				of it are confidential.
(3)
Failure to request.
Failure of a person to request
			 confidential record treatment for a record does not preclude the custodian from
			 treating it as a confidential record. However, if a person who has submitted
			 business information to the state archives does not request that it be withheld
			 from public inspection under Iowa Code sections
			 22.7(3)
			  and
			 22.7(6),
			 the custodian of records containing that information may proceed as if that
			 person has no objection to its disclosure to members of the public.
(4)
Timing of the decision.
A decision by the custodian with respect to the disclosure of a record to
			 members of the public may be made when a request for its treatment as a
			 confidential record that is not available for public inspection is filed, or
			 when the custodian receives a request for access to the record by a member of
			 the public.
(5)
Request
			 granted or deferred.
If a request for such confidential record
			 treatment is granted, or if action on such a request is deferred, a copy of the
			 record from which the matter in question has been deleted and a copy of the
			 decision to grant the request or to defer action upon the request will be made
			 available for public inspection in lieu of the original record. If the
			 custodian subsequently receives a request for access to the original record,
			 the custodian will make reasonable and timely efforts to notify any person who
			 has filed a request for its treatment as a confidential record that is not
			 available for public inspection of the pendency of that subsequent
			 request.
(6)
Request denied
			 and opportunity to seek injunction.
If a request that a record be
			 treated as a confidential record and be withheld from public inspection is
			 denied, the custodian shall notify the requester in writing of that
			 determination and the reasons therefor On application by the requester, the
			 custodian may engage in a good faith, reasonable delay in allowing examination
			 of the record so that the requester may seek injunctive relief under the
			 provisions of Iowa Code section
			 22.8,
			 or other applicable provision of law. However, such a record shall not be
			 withheld from public inspection for any period of time if the custodian
			 determines that the requester had no reasonable grounds to justify the
			 treatment of that record as a confidential record. The custodian shall notify
			 requester in writing of the time period allowed to seek injunctive relief or
			 the reasons for determination that no reasonable grounds exist to justify the
			 treatment of that record as a confidential record. The custodian may extend the
			 period of good faith, reasonable delay in allowing examination of the record so
			 that the requester may seek injunctive relief only if no request for
			 examination of that record has been received, or if a court directs the
			 custodian to treat it as a confidential record, or to the extent permitted by
			 another applicable provision of law, or with the consent of the person
			 requesting access.