Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 2 - Public Records and Fair Information Practices › Rule 351-2.5 - Request for Treatment of a Record as a Confidential Record

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
who may
			 file request.
Any person who would be aggrieved or adversely affected
			 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, such as information obtained in the course of a board investigation
			 or to achieve voluntary compliance with Iowa Code chapter 68A or 68B, does not
			 preclude the board from treating it as a confidential record. The information
			 may become a public record once the matter is resolved or dismissed.
(2)
Form of request.
A
			 request for the treatment of a record as a confidential record shall be in
			 writing and shall be filed with the custodian of the record. The request shall
			 include the specific grounds justifying confidential record treatment for all
			 or part of the record; the specific provision of law that authorizes such
			 confidential record treatment; and the name, address, and telephone number of
			 the person authorized to respond to any board action concerning the request. A
			 person filing such a request shall attach a copy of the record in question. The
			 material to which the request applies shall be physically separated from any
			 materials to which the request does not apply. The request shall be attached to
			 the materials to which it applies. Each page of the material to which the
			 request applies shall be clearly marked confidential. If the original record is
			 being submitted to the board 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. A request
			 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
			 such confidential record treatment is requested.
(3)
Failure to request
			 confidentiality.
If a person who has submitted business information to
			 the board does not request confidential record treatment for all or part of
			 that information, the custodian of records containing that information may
			 assume that the person who submitted the information has no objection to its
			 disclosure.
(4)
Time.
A board decision with respect to the disclosure of all
			 or parts of a record may be made when a request for its treatment as a
			 confidential record is filed or when the board receives a request for access to
			 the record.
(5)
Effect of
			 granted request.
If a request for 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 board decision
			 will be placed in the public file in lieu of the original record.
(6)
Effect of denied
			 request.
If a request for confidential record treatment is denied, the
			 board shall advise the requester in writing on the groimds the request was
			 denied and treat the record as a confidential record for 3 0 days to allow the
			 person requesting such treatment for the record an opportimity to seek
			 injunctive relief. However, if the board determines that a 30-day delay is not
			 in the public interest and furnishes the requester with a written copy of that
			 determination, including the appropriate grounds, the record will be treated as
			 a confidential record for at least three working days unless prior release of
			 the record is necessary to avoid imminent peril to the public health, safety,
			 or welfare. The board may extend the period of confidential record treatment of
			 such a record beyond 30 days only if a court directs the board to treat the
			 record as a confidential record or to the extent permitted by Iowa Code chapter
			 22 or with the consent of the person requesting access.