Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 80 - Public Records and Fair Information Practices › Rule 661-80.5 - Requests for Treatment of a Record as a Confidential Record

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Any person who
			 would be substantially or irreparably injured by disclosure of all or a part of
			 a record to members of the public may file a request, as provided in this rule,
			 for its treatment as a confidential record. Failure of a person to request
			 confidential record treatment for all or part of a record does not preclude the
			 agency from treating it as a confidential record.
(2) A request for the treatment of a record
			 as a confidential record shall be in writing and shall be filed with the
			 custodian of that record. The request shall include an enumeration of the
			 specific grounds upon which examination would not be in the public interest;
			 the specific provisions of law that authorize confidential record treatment;
			 and the name, address, and telephone number of the person authorized to respond
			 to any agency action concerning the request. A person filing a request shall,
			 if possible, accompany the request with a copy of the record in question from
			 which those portions for which confidential record treatment has been requested
			 have been deleted. If the original record is being submitted to the agency by
			 the person requesting confidentiality at the same time the request is filed,
			 the person shall indicate conspicuously on the original record that all or
			 portions of it are a confidential record. Requests for treatment of all or
			 portions of a record as a confidential record for a limited time period shall
			 also specify the precise period of time for which confidential record treatment
			 is requested.
(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 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 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. If a request for confidential record treatment is denied, the requester
			 may seek review or relief under Iowa Code section
			 22.8.