Iowa Administrative Code › Agency 11 - Administrative Services Department › Title I - General Departmental Procedures › Chapter 4 - Public Records and Fair Information Practices › Rule 11-4.5 - 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 under the jurisdiction of the
				department to members of the public 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.
				Failure of a person to request confidential record treatment for all or part of
				a record does not preclude the department from designating it and treating it
				as a confidential record.
(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 director. 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 in which portions for which
				  such confidential record treatment has been requested have been deleted. If the
				  original record is being submitted to the department 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
				information to the department does not request that it be withheld from public
				inspection under Iowa Code sections
				22.7(3)
				 and
				22.7(6)
				 for all or part of that information, 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 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 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 confidential record treatment is granted,
				or if action on such a request is deferred, a copy of the record in which the
				material 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, in good
				faith, reasonably delay 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 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
				the 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.