Iowa Administrative Code › Agency 261 - Economic Development Authority › Part IX - Uniform Procedures: Records, Rule Making, Declaratory Orders, Rule Waivers › Chapter 195 - Public Records and Fair Information Practices › Rule 261-195.13 - Availability of Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Open records.
Agency records are open for public inspection
				and copying unless otherwise provided by rule or law.
(2)
Confidential records.
The following records may be withheld from public inspection. Records are
				listed by category, according to the legal basis for withholding them from
				public inspection.
a. Sealed bids received
				prior to the time set for public opening of bids. (Iowa Code section
				732.
				)
b. Tax records made available to
				the agency. (Iowa Code sections
				42220.
				and
				42272.
				)
c. Records which are exempt from
				disclosure under Iowa Code section
				227., including,
				but not limited to:
(1) Industrial prospect
				files which are considered confidential under Iowa Code section
				227(8)..
(2) Trade secrets which are treated as
				confidential under Iowa Code section
				227(3)..
(3) Reports which, if released, would give
				advantage to competitors and serve no public purpose. These records are
				considered confidential under Iowa Code section
				227(6)..
(4) Communications not required by rule, law,
				procedure or contract to the extent that the agency reasonably believes that
				such communications would not be made if the supplier knew the information
				would be made available for general public examination. These records are
				confidential under Iowa Code section
				227(18)..
d. Client database. The agency
				maintains a database of business prospects. This list identifies companies that
				may be seeking to expand or locate their businesses in Iowa. This list is
				considered confidential under Iowa Code sections
				227(3).,
				227(6).,
				227(8). and
				227(18)..
e. Minutes of closed meetings of a
				governmental body as permitted under Iowa Code section
				215(4)..
f. Identifying details in final orders,
				decisions and opinions to the extent required to prevent a clearly unwarranted
				invasion of personal privacy or trade secrets under Iowa Code section
				17A3(1).
"d. "
g. Those
				portions of agency staff manuals, instructions or other statements issued which
				set forth criteria or guidelines to be used by agency staff in auditing, in
				making inspections, in settling commercial disputes or negotiating commercial
				arrangements, or in the selection or handling of cases, such as operational
				tactics on allowable tolerances or criteria for the defense, prosecution or
				settlement of cases, when disclosure of those statements would:
(1) Enable law violators to avoid
				detection;
(2) Facilitate disregard
				of requirements imposed by law; or
(3) Give a clearly improper advantage to
				persons who are in an adverse position to the agency. (Iowa Code sections
				17A2. and
				17A3.
				)
h. Records which
				constitute attorney work product, attorney-client communications, or which are
				otherwise privileged. Attorney work product is confidential under Iowa Code
				sections
				227(4).,
				62210.
				and
				62211., Iowa
				R.C.P. 1.503(3), Fed. R. Civ. P. 26(b)(3), and case law. Attorney-client
				communications are confidential under Iowa Code sections
				62210.
				and
				62211., the rules
				of evidence, the Code of Professional Responsibility, and case law.
i. Data processing software, as defined in
				Iowa Code section
				223A.,
				which is developed by a governmental body.
j. Log-on identification passwords, Internet
				protocol addresses, private keys, or other records containing information which
				might lead to disclosure of private keys used in a digital signature or other
				similar technologies as provided in Iowa Code chapter 554D.
k. Records which if disclosed might
				jeopardize the security of an electronic transaction pursuant to Iowa Code
				chapter 554D.
l.. Any other records
				considered confidential by law.