Iowa Administrative Code › Agency 61 - Attorney General › Chapter 2 - Public Records and Fair Information Practices › Rule 61-2.5 - 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 as a confidential record and
				withhold it from 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.
(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 limited 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 agency 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 agency does not request that it be withheld from
			 public inspection under Iowa Code section
			 22.7(3)
			  or
			 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 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 need 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 the 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.