Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 17 - Public Records and Fair Information Practices › Rule 495-17.5 - 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 confidential and withhold
				it from examination only to the extent that the custodian is authorized to
				refuse to disclose the record to members of the public by Iowa Code section
				22.7 or 97B. 17,
				another applicable provision of law, or in response to a court order
(1)
Persons who may request.
Any person who would be aggrieved or adversely affected by disclosure of all or
			 a part of a record under the jurisdiction of the agency to members of the
			 public and who asserts that Iowa Code section
			 22.7 or 97B. 17,
			 another applicable provision of law, or a court order authorizes the custodian
			 to treat the record as a confidential record, may file a request, as provided
			 for in this rule, for its treatment as a confidential record and to withhold it
			 from public inspection.
(2)
Request.
A request for the treatment of a record as a
			 confidential record shall be in writing and shall be filed with the custodian.
			 The request shall include an enumeration of the specific reasons justifying
			 confidential record treatment for all or part of that record, the specific
			 provisions of law that authorize confidential record treatment in this
			 instance, and the name, mailing address, telephone number and, if available,
			 the E-mail address of the person authorized to respond to any action concerning
			 the request. If the information is regarding an IPERS member, the member
			 identification number or social security number of the member must be included.
			 The 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 the record as a confidential record and to
			 provide any proof necessary to establish relevant facts. The person filing a
			 request shall, if possible, accompany the request with a redacted copy of the
			 record in question for which confidential record treatment has been requested.
			 If the original record is submitted at the same time the request is filed, the
			 person shall indicate conspicuously on the original record which portions of it
			 are requested to be confidential. Requests for treatment of all or portions of
			 a record as confidential 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 or confidential information contained in a record shall not
			 preclude the custodian from treating it as a confidential record or the
			 confidential information contained in that record as permitted under Iowa Code
			 section
			 22.7 or 97B. 17.
			 However, if a person who has submitted information does not request
			 confidential record treatment under the provisions of Iowa Code sections
			 22.7(3)
			  (trade secrets), 22.7(6) (advantage to
			 competitors), and 22.7(18) (communications not required by law, rule, procedure
			 or contract), the custodian of records containing that information may, but is
			 not required to, proceed as if that person has no objection to its disclosure
			 to members of the public.
(4)
Timing of decision.
A decision by the agency with respect to
			 the disclosure of all or part of a record under its jurisdiction to members of
			 the public may be made when a request for its treatment as a confidential
			 record is filed or when a request is received for access to the record by a
			 member of the public.
(5)
Request granted or deferred.
If a request for a confidential
			 record or information is granted, or if action on a request is deferred, a copy
			 of the record from which the material in question has been deleted and a copy
			 of the decision to grant the request or to defer action on the request will be
			 placed in the original file, and will be made available for public inspection.
			 If a request is subsequently received for access to the original record,
			 reasonable and timely efforts will be made to notify any person who has filed a
			 request for its treatment as a confidential record.
(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 the reasons for that
			 determination. 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, 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 the
			 determination that no reasonable groimds 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.