22.1 DEFINITIONS.
1. The term "government body" means this state, or any
county, city, township, school corporation, political subdivision,
tax-supported district, nonprofit corporation other than a fair
conducting a fair event as provided in chapter 174, whose facilities
or indebtedness are supported in whole or in part with property tax
revenue and which is licensed to conduct pari-mutuel wagering
pursuant to chapter 99D; the governing body of a drainage or levee
district as provided in chapter 468, including a board as defined in
section 468.3, regardless of how the district is organized; or other
entity of this state, or any branch, department, board, bureau,
commission, council, committee, official, or officer of any of the
foregoing or any employee delegated the responsibility for
implementing the requirements of this chapter.
2. The term "lawful custodian" means the government body
currently in physical possession of the public record. The custodian
of a public record in the physical possession of persons outside a
government body is the government body owning that record. The
records relating to the investment of public funds are the property
of the public body responsible for the public funds. Each government
body shall delegate to particular officials or employees of that
government body the responsibility for implementing the requirements
of this chapter and shall publicly announce the particular officials
or employees to whom responsibility for implementing the requirements
of this chapter has been delegated. "Lawful custodian" does not
mean an automated data processing unit of a public body if the data
processing unit holds the records solely as the agent of another
public body, nor does it mean a unit which holds the records of other
public bodies solely for storage.
3. As used in this chapter, "public records" includes all
records, documents, tape, or other information, stored or preserved
in any medium, of or belonging to this state or any county, city,
township, school corporation, political subdivision, nonprofit
corporation other than a fair conducting a fair event as provided in
chapter 174, whose facilities or indebtedness are supported in whole
or in part with property tax revenue and which is licensed to conduct
pari-mutuel wagering pursuant to chapter 99D, or tax-supported
district in this state, or any branch, department, board, bureau,
commission, council, or committee of any of the foregoing.
"Public records" also includes all records relating to the
investment of public funds including but not limited to investment
policies, instructions, trading orders, or contracts, whether in the
custody of the public body responsible for the public funds or a
fiduciary or other third party. Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 68A.1] Section History: Recent Form
84 Acts, ch 1145, § 1; 84 Acts, ch 1185, § 1
C85, § 22.1
90 Acts, ch 1271, §702; 91 Acts, ch 258, § 27; 92 Acts, ch 1156, §
6, 7; 2004 Acts, ch 1019, §2; 2005 Acts, ch 19, §15, 126; 2009 Acts,
ch 132, §2; 2009 Acts, ch 179, §32
Referred to in § 8A.101, 455B.117, 721.1
22.2 RIGHT TO EXAMINE PUBLIC RECORDS -- EXCEPTIONS.
1. Every person shall have the right to examine and copy a public
record and to publish or otherwise disseminate a public record or the
information contained in a public record. Unless otherwise provided
for by law, the right to examine a public record shall include the
right to examine a public record without charge while the public
record is in the physical possession of the custodian of the public
record. The right to copy a public record shall include the right to
make photographs or photographic copies while the public record is in
the possession of the custodian of the public record. All rights
under this section are in addition to the right to obtain a certified
copy of a public record under section 622.46.
2. A government body shall not prevent the examination or copying
of a public record by contracting with a nongovernment body to
perform any of its duties or functions.
3. However, notwithstanding subsections 1 and 2, a government
body is not required to permit access to or use of the following:
a. A geographic computer database by any person except upon
terms and conditions acceptable to the governing body. The governing
body shall establish reasonable rates and procedures for the
retrieval of specified records, which are not confidential records,
stored in the database upon the request of any person.
b. Data processing software developed by the government body,
as provided in section 22.3A. Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 68A.2] Section History: Recent Form
84 Acts, ch 1185, § 2
C85, § 22.2
89 Acts, ch 189, § 1; 96 Acts, ch 1099, § 14; 98 Acts, ch 1224, §
17
Referred to in § 8A.106, 8A.341, 22.14, 68B.32A, 303.19, 331.608,
388.9, 459.304, 459A.208, 904.602
22.3 SUPERVISION -- FEES.
1. The examination and copying of public records shall be done
under the supervision of the lawful custodian of the records or the
custodian's authorized designee. The lawful custodian shall not
require the physical presence of a person requesting or receiving a
copy of a public record and shall fulfill requests for a copy of a
public record received in writing, by telephone, or by electronic
means. Fulfillment of a request for a copy of a public record may be
contingent upon receipt of payment of expenses to be incurred in
fulfilling the request and such estimated expenses shall be
communicated to the requester upon receipt of the request. The
lawful custodian may adopt and enforce reasonable rules regarding the
examination and copying of the records and the protection of the
records against damage or disorganization. The lawful custodian
shall provide a suitable place for the examination and copying of the
records, but if it is impracticable to do the examination and copying
of the records in the office of the lawful custodian, the person
desiring to examine or copy shall pay any necessary expenses of
providing a place for the examination and copying.
2. All expenses of the examination and copying shall be paid by
the person desiring to examine or copy. The lawful custodian may
charge a reasonable fee for the services of the lawful custodian or
the custodian's authorized designee in supervising the examination
and copying of the records. If copy equipment is available at the
office of the lawful custodian of any public records, the lawful
custodian shall provide any person a reasonable number of copies of
any public record in the custody of the office upon the payment of a
fee. The fee for the copying service as determined by the lawful
custodian shall not exceed the actual cost of providing the service.
Actual costs shall include only those expenses directly attributable
to supervising the examination of and making and providing copies of
public records. Actual costs shall not include charges for ordinary
expenses or costs such as employment benefits, depreciation,
maintenance, electricity, or insurance associated with the
administration of the office of the lawful custodian. Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 68A.3] Section History: Recent Form
C85, § 22.3
2001 Acts, ch 44, §2; 2005 Acts, ch 103, §1; 2006 Acts, ch 1010,
§14
Referred to in § 2.42, 8A.341, 321.11, 483A.22A
22.3A ACCESS TO DATA PROCESSING SOFTWARE.
1. As used in this section:
a. "Access" means the instruction of, communication with,
storage of data in, or retrieval of data from a computer.
b. "Computer" means an electronic device which performs
logical, arithmetical, and memory functions by manipulations of
electronic or magnetic impulses, and includes all input, output,
processing, storage, and communication facilities which are connected
or related to the computer including a computer network. As used in
this paragraph, "computer" includes any central processing unit,
front-end processing unit, miniprocessor, or microprocessor, and
related peripheral equipment such as data storage devices, document
scanners, data entry terminal controllers, and data terminal
equipment and systems for computer networks.
c. "Computer network" means a set of related, remotely
connected devices and communication facilities including two or more
computers with capability to transmit data among them through
communication facilities.
d. "Data" means a representation of information, knowledge,
facts, concepts, or instructions that has been prepared or is being
prepared in a formalized manner and has been processed, or is
intended to be processed, in a computer. Data may be stored in any
form, including but not limited to a printout, magnetic storage
media, disk, compact disc, punched card, or as memory of a computer.
e. "Data processing software" means an ordered set of
instructions or statements that, when executed by a computer, causes
the computer to process data, and includes any program or set of
programs, procedures, or routines used to employ and control
capabilities of computer hardware. As used in this paragraph "data
processing software" includes but is not limited to an operating
system, compiler, assembler, utility, library resource, maintenance
routine, application, or computer networking program.
2. A government body may provide, restrict, or prohibit access to
data processing software developed by the government body, regardless
of whether the data processing software is separated or combined with
a public record. A government body shall establish policies and
procedures to provide access to public records which are combined
with its data processing software. A public record shall not be
withheld from the public because it is combined with data processing
software. A government body shall not acquire any electronic data
processing system for the storage, manipulation, or retrieval of
public records that would impair the government body's ability to
permit the examination of a public record and the copying of a public
record in either written or electronic form. If it is necessary to
separate a public record from data processing software in order to
permit the examination or copying of the public record, the
government body shall bear the cost of separation of the public
record from the data processing software. The electronic public
record shall be made available in a format useable with commonly
available data processing or database management software. The cost
chargeable to a person receiving a public record separated from data
processing software under this subsection shall not be in excess of
the charge under this chapter unless the person receiving the public
record requests that the public record be specially processed. A
government body may establish payment rates and procedures required
to provide access to data processing software, regardless of whether
the data processing software is separated from or combined with a
public record. Proceeds from payments may be considered repayment
receipts, as defined in section 8.2. The payment amount shall be
calculated as follows:
a. The amount charged for access to a public record shall be
not more than that required to recover direct publication costs,
including but not limited to editing, compilation, and media
production costs, incurred by the government body in developing the
data processing software and preparing the data processing software
for transfer to the person. The amount shall be in addition to any
other fee required to be paid under this chapter for the examination
and copying of a public record. If a person accesses a public record
stored in an electronic format that does not require formatting,
editing, or compiling to access the public record, the charge for
providing the accessed public record shall not exceed the reasonable
cost of accessing that public record. The government body shall, if
requested, provide documentation which explains and justifies the
amount charged. This paragraph shall not apply to any publication
for which a price has been established pursuant to another section,
including section 2A.5.
b. If access to the data processing software is provided to a
person for a purpose other than provided in paragraph "a", the
amount may be established according to the discretion of the
government body, and may be based upon competitive market
considerations as determined by the government body.
3. A government body is granted and may apply for and receive any
legal protection necessary to secure a right to or an interest in
data processing software developed by the government body, including
but not limited to federal copyright, patent, and trademark
protections, and any trade secret protection available under chapter
550. The government body may enter into agreements for the sale or
distribution of its data processing software, including marketing and
licensing agreements. The government body may impose conditions upon
the use of the data processing software that is otherwise consistent
with state and federal law. Section History: Recent Form
96 Acts, ch 1099, §15; 98 Acts, ch 1224, § 18; 99 Acts, ch 207,
§12; 2003 Acts, ch 35, §38, 49
Referred to in § 8A.222, 8A.341, 22.2, 22.7, 169A.1
22.4 HOURS WHEN AVAILABLE.
The rights of persons under this chapter may be exercised at any
time during the customary office hours of the lawful custodian of the
records. However, if the lawful custodian does not have customary
office hours of at least thirty hours per week, such right may be
exercised at any time from nine o'clock a.m. to noon and from one
o'clock p.m. to four o'clock p.m. Monday through Friday, excluding
legal holidays, unless the person exercising such right and the
lawful custodian agree on a different time. Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 68A.4] Section History: Recent Form
84 Acts, ch 1185, § 3
C85, § 22.4
Referred to in § 8A.341
22.5 ENFORCEMENT OF RIGHTS.
The provisions of this chapter and all rights of persons under
this chapter may be enforced by mandamus or injunction, whether or
not any other remedy is also available. In the alternative, rights
under this chapter also may be enforced by an action for judicial
review according to the provisions of the Iowa administrative
procedure Act, chapter 17A, if the records involved are records of an
"agency" as defined in that Act. Section History: Ea Form
[C71, 73, 75, 77, 79, 81, § 68A.5] Section History: Recent Form
84 Acts, ch 1185, § 4
C85, § 22.5
2003 Acts, ch 44, §114
Referred to in § 8A.341
22.6 PENALTY.
It shall be unlawful for any person to deny or refuse any citizen
of Iowa any right under this chapter, or to cause any such right to
be denied or refused. Any person knowingly violating or attempting to
violate any provision of this chapter where no other penalty is
provided shall be guilty of a simple misdemeanor. Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 68A.6] Section History: Recent Form
C85, § 22.6
Referred to in § 8A.341, 22.10, 22.14, 455K.4
Penalty applicable to violations under §455K.4
22.7 CONFIDENTIAL RECORDS.
The following public records shall be kept confidential, unless
otherwise ordered by a court, by the lawful custodian of the records,
or by another person duly authorized to release such information:
1. Personal information in records regarding a student,
prospective student, or former student maintained, created, collected
or assembled by or for a school corporation or educational
institution maintaining such records. This subsection shall not be
construed to prohibit a postsecondary education institution from
disclosing to a parent or guardian information regarding a violation
of a federal, state, or local law, or institutional rule or policy
governing the use or possession of alcohol or a controlled substance
if the child is under the age of twenty-one years and the institution
determines that the student committed a disciplinary violation with
respect to the use or possession of alcohol or a controlled substance
regardless of whether that information is contained in the student's
education records.
2. Hospital records, medical records, and professional counselor
records of the condition, diagnosis, care, or treatment of a patient
or former patient or a counselee or former counselee, including
outpatient. However, confidential communications between a crime
victim and the victim's counselor are not subject to disclosure
except as provided in section 915.20A. However, the Iowa department
of public health shall adopt rules which provide for the sharing of
information among agencies and providers concerning the maternal and
child health program including but not limited to the statewide child
immunization information system, while maintaining an individual's
confidentiality.
3. Trade secrets which are recognized and protected as such by
law.
4. Records which represent and constitute the work product of an
attorney, which are related to litigation or claim made by or against
a public body.
5. Peace officers' investigative reports, and specific portions
of electronic mail and telephone billing records of law enforcement
agencies if that information is part of an ongoing investigation,
except where disclosure is authorized elsewhere in this Code.
However, the date, time, specific location, and immediate facts and
circumstances surrounding a crime or incident shall not be kept
confidential under this section, except in those unusual
circumstances where disclosure would plainly and seriously jeopardize
an investigation or pose a clear and present danger to the safety of
an individual. Specific portions of electronic mail and telephone
billing records may only be kept confidential under this subsection
if the length of time prescribed for commencement of prosecution or
the finding of an indictment or information under the statute of
limitations applicable to the crime that is under investigation has
not expired.
6. Reports to governmental agencies which, if released, would
give advantage to competitors and serve no public purpose.
7. Appraisals or appraisal information concerning the purchase of
real or personal property for public purposes, prior to public
announcement of a project.
8. Iowa department of economic development information on an
industrial prospect with which the department is currently
negotiating.
9. Criminal identification files of law enforcement agencies.
However, records of current and prior arrests and criminal history
data shall be public records.
10. Personal information in confidential personnel records of the
military division of the department of public defense of the state.
11. Personal information in confidential personnel records of
public bodies including but not limited to cities, boards of
supervisors and school districts.
12. Financial statements submitted to the department of
agriculture and land stewardship pursuant to chapter 203 or chapter
203C, by or on behalf of a licensed grain dealer or warehouse
operator or by an applicant for a grain dealer license or warehouse
license.
13. The records of a library which, by themselves or when
examined with other public records, would reveal the identity of the
library patron checking out or requesting an item or information from
the library. The records shall be released to a criminal or juvenile
justice agency only pursuant to an investigation of a particular
person or organization suspected of committing a known crime. The
records shall be released only upon a judicial determination that a
rational connection exists between the requested release of
information and a legitimate end and that the need for the
information is cogent and compelling.
14. The material of a library, museum or archive which has been
contributed by a private person to the extent of any limitation that
is a condition of the contribution.
15. Information concerning the procedures to be used to control
disturbances at adult correctional institutions. Such information
shall also be exempt from public inspection under section 17A.3. As
used in this subsection disturbance means a riot or a condition that
can reasonably be expected to cause a riot.
16. Information in a report to the Iowa department of public
health, to a local board of health, or to a local health department,
which identifies a person infected with a reportable disease.
17. Records of identity of owners of public bonds or obligations
maintained as provided in section 76.10 or by the issuer of the
public bonds or obligations. However, the issuer of the public bonds
or obligations and a state or federal agency shall have the right of
access to the records.
18. Communications not required by law, rule, procedure, or
contract that are made to a government body or to any of its
employees by identified persons outside of government, to the extent
that the government body receiving those communications from such
persons outside of government could reasonably believe that those
persons would be discouraged from making them to that government body
if they were available for general public examination. As used in
this subsection, "persons outside of government" does not include
persons or employees of persons who are communicating with respect to
a consulting or contractual relationship with a government body or
who are communicating with a government body with whom an arrangement
for compensation exists. Notwithstanding this provision:
a. The communication is a public record to the extent that
the person outside of government making that communication consents
to its treatment as a public record.
b. Information contained in the communication is a public
record to the extent that it can be disclosed without directly or
indirectly indicating the identity of the person outside of
government making it or enabling others to ascertain the identity of
that person.
c. Information contained in the communication is a public
record to the extent that it indicates the date, time, specific
location, and immediate facts and circumstances surrounding the
occurrence of a crime or other illegal act, except to the extent that
its disclosure would plainly and seriously jeopardize a continuing
investigation or pose a clear and present danger to the safety of any
person. In any action challenging the failure of the lawful
custodian to disclose any particular information of the kind
enumerated in this paragraph, the burden of proof is on the lawful
custodian to demonstrate that the disclosure of that information
would jeopardize such an investigation or would pose such a clear and
present danger.
19. Examinations, including but not limited to cognitive and
psychological examinations for law enforcement officer candidates
administered by or on behalf of a governmental body, to the extent
that their disclosure could reasonably be believed by the custodian
to interfere with the accomplishment of the objectives for which they
are administered.
20. Information concerning the nature and location of any
archaeological resource or site if, in the opinion of the state
archaeologist, disclosure of the information will result in
unreasonable risk of damage to or loss of the resource or site where
the resource is located. This subsection shall not be construed to
interfere with the responsibilities of the federal government or the
state historic preservation officer pertaining to access, disclosure,
and use of archaeological site records.
21. Information concerning the nature and location of any
ecologically sensitive resource or site if, in the opinion of the
director of the department of natural resources after consultation
with the state ecologist, disclosure of the information will result
in unreasonable risk of damage to or loss of the resource or site
where the resource is located. This subsection shall not be
construed to interfere with the responsibilities of the federal
government or the director of the department of natural resources and
the state ecologist pertaining to access, disclosure, and use of the
ecologically sensitive site records.
22. Reports or recommendations of the Iowa insurance guaranty
association filed or made pursuant to section 515B.10, subsection 1,
paragraph "a", subparagraph (2).
23. Information or reports collected or submitted pursuant to
section 508C.12, subsections 3 and 5, and section 508C.13, subsection
2, except to the extent that release is permitted under those
sections.
24. Records of purchases of alcoholic liquor from the alcoholic
beverages division of the department of commerce which would reveal
purchases made by an individual class "E" liquor control licensee.
However, the records may be revealed for law enforcement purposes or
for the collection of payments due the division pursuant to section
123.24.
25. Financial information, which if released would give advantage
to competitors and serve no public purpose, relating to commercial
operations conducted or intended to be conducted by a person
submitting records containing the information to the department of
agriculture and land stewardship for the purpose of obtaining
assistance in business planning.
26. Applications, investigation reports, and case records of
persons applying for county general assistance pursuant to section
252.25.
27. Marketing and advertising budget and strategy of a nonprofit
corporation which is subject to this chapter. However, this
exemption does not apply to salaries or benefits of employees who are
employed by the nonprofit corporation to handle the marketing and
advertising responsibilities.
28. The information contained in records of the centralized
employee registry created in chapter 252G, except to the extent that
disclosure is authorized pursuant to chapter 252G.
29. Records and information obtained or held by independent
special counsel during the course of an investigation conducted
pursuant to section 68B.31A. Information that is disclosed to a
legislative ethics committee subsequent to a determination of
probable cause by independent special counsel and made pursuant to
section 68B.31 is not a confidential record unless otherwise provided
by law.
30. Information contained in a declaration of paternity completed
and filed with the state registrar of vital statistics pursuant to
section 144.12A, except to the extent that the information may be
provided to persons in accordance with section 144.12A.
31. Memoranda, work products, and case files of a mediator and
all other confidential communications in the possession of a
mediator, as provided in chapters 86 and 216. Information in these
confidential communications is subject to disclosure only as provided
in sections 86.44 and 216.15B, notwithstanding any other contrary
provision of this chapter.
32. Social security numbers of the owners of unclaimed property
reported to the treasurer of state pursuant to section 556.11,
subsection 2, included on claim forms filed with the treasurer of
state pursuant to section 556.19, included in outdated warrant
reports received by the treasurer of state pursuant to section
556.2C, or stored in record systems maintained by the treasurer of
state for purposes of administering chapter 556, or social security
numbers of payees included on state warrants included in records
systems maintained by the department of administrative services for
the purpose of documenting and tracking outdated warrants pursuant to
section 556.2C.
33. Data processing software, as defined in section 22.3A, which
is developed by a government body.
34. A record required under the Iowa financial transaction
reporting Act listed in section 529.2, subsection 9.
35. Records of the Iowa department of public health pertaining to
participants in the gambling treatment program except as otherwise
provided in this chapter.
36. Records of a law enforcement agency or the state department
of transportation regarding the issuance of a driver's license under
section 321.189A.
37. Mediation communications as defined in section 679C.102,
except written mediation agreements that resulted from a mediation
which are signed on behalf of a governing body. However,
confidentiality of mediation communications resulting from mediation
conducted pursuant to chapter 216 shall be governed by chapter 216.
38. a. Records containing information that would disclose, or
might lead to the disclosure of, private keys used in an electronic
signature or other similar technologies as provided in chapter 554D.
b. Records which if disclosed might jeopardize the security
of an electronic transaction pursuant to chapter 554D.
39. Information revealing the identity of a packer or a person
who sells livestock to a packer as reported to the department of
agriculture and land stewardship pursuant to section 202A.2.
40. The portion of a record request that contains an internet
protocol number which identifies the computer from which a person
requests a record, whether the person using such computer makes the
request through the IowAccess network or directly to a lawful
custodian. However, such record may be released with the express
written consent of the person requesting the record.
41. Medical examiner records and reports, including preliminary
reports, investigative reports, and autopsy reports. However,
medical examiner records and reports shall be released to a law
enforcement agency that is investigating the death, upon the request
of the law enforcement agency, and autopsy reports shall be released
to the decedent's immediate next of kin upon the request of the
decedent's immediate next of kin unless disclosure to the decedent's
immediate next of kin would jeopardize an investigation or pose a
clear and present danger to the public safety or the safety of an
individual. Information regarding the cause and manner of death
shall not be kept confidential under this subsection unless
disclosure would jeopardize an investigation or pose a clear and
present danger to the public safety or the safety of an individual.
42. Information obtained by the commissioner of insurance in the
course of an investigation as provided in section 523C.23.
43. Information obtained by the commissioner of insurance
pursuant to section 502.607.
44. Information provided to the court and state public defender
pursuant to section 13B.4, subsection 5; section 814.11, subsection
7; or section 815.10, subsection 5.
45. The critical asset protection plan or any part of the plan
prepared pursuant to section 29C.8 and any information held by the
homeland security and emergency management division that was supplied
to the division by a public or private agency or organization and
used in the development of the critical asset protection plan to
include, but not be limited to, surveys, lists, maps, or photographs.
However, the administrator shall make the list of assets available
for examination by any person. A person wishing to examine the list
of assets shall make a written request to the administrator on a form
approved by the administrator. The list of assets may be viewed at
the division's offices during normal working hours. The list of
assets shall not be copied in any manner. Communications and asset
information not required by law, rule, or procedure that are provided
to the administrator by persons outside of government and for which
the administrator has signed a nondisclosure agreement are exempt
from public disclosures. The homeland security and emergency
management division may provide all or part of the critical asset
plan to federal, state, or local governmental agencies which have
emergency planning or response functions if the administrator is
satisfied that the need to know and intended use are reasonable. An
agency receiving critical asset protection plan information from the
division shall not redisseminate the information without prior
approval of the administrator.
46. Military personnel records recorded by the county recorder
pursuant to section 331.608.
47. A report regarding interest held in agricultural land
required to be filed pursuant to chapter 10B.
48. Sex offender registry records under chapter 692A, except as
provided in section 692A.121.
49. Confidential information, as defined in section 86.45,
subsection 1, filed with the workers' compensation commissioner.
50. Information concerning security procedures or emergency
preparedness information developed and maintained by a government
body for the protection of governmental employees, visitors to the
government body, persons in the care, custody, or under the control
of the government body, or property under the jurisdiction of the
government body, if disclosure could reasonably be expected to
jeopardize such employees, visitors, persons, or property.
a. Such information includes but is not limited to
information directly related to vulnerability assessments;
information contained in records relating to security measures such
as security and response plans, security codes and combinations,
passwords, restricted area passes, keys, and security or response
procedures; emergency response protocols; and information contained
in records that if disclosed would significantly increase the
vulnerability of critical physical systems or infrastructures of a
government body to attack.
b. This subsection shall only apply to information held by a
government body that has adopted a rule or policy identifying the
specific records or class of records to which this subsection applies
and which is contained in such a record.
51. The information contained in the information program
established in section 124.551, except to the extent that disclosure
is authorized pursuant to section 124.553.
52. a. The following records relating to a charitable
donation made to a foundation acting solely for the support of an
institution governed by the state board of regents, to a foundation
acting solely for the support of an institution governed by chapter
260C, to a private foundation as defined in section 509 of the
Internal Revenue Code organized for the support of a government body,
or to an endow Iowa qualified community foundation, as defined in
section 15E.303, organized for the support of a government body:
(1) Portions of records that disclose a donor's or prospective
donor's personal, financial, estate planning, or gift planning
matters.
(2) Records received from a donor or prospective donor regarding
such donor's prospective gift or pledge.
(3) Records containing information about a donor or a prospective
donor in regard to the appropriateness of the solicitation and dollar
amount of the gift or pledge.
(4) Portions of records that identify a prospective donor and
that provide information on the appropriateness of the solicitation,
the form of the gift or dollar amount requested by the solicitor, and
the name of the solicitor.
(5) Portions of records disclosing the identity of a donor or
prospective donor, including the specific form of gift or pledge that
could identify a donor or prospective donor, directly or indirectly,
when such donor has requested anonymity in connection with the gift
or pledge. This subparagraph does not apply to a gift or pledge from
a publicly held business corporation.
b. The confidential records described in paragraph "a",
subparagraphs (1) through (5), shall not be construed to make
confidential those portions of records disclosing any of the
following:
(1) The amount and date of the donation.
(2) Any donor-designated use or purpose of the donation.
(3) Any other donor-imposed restrictions on the use of the
donation.
(4) When a pledge or donation is made expressly conditioned on
receipt by the donor, or any person related to the donor by blood or
marriage within the third degree of consanguinity, of any privilege,
benefit, employment, program admission, or other special
consideration from the government body, a description of any and all
such consideration offered or given in exchange for the pledge or
donation.
c. Except as provided in paragraphs "a" and "b",
portions of records relating to the receipt, holding, and
disbursement of gifts made for the benefit of regents institutions
and made through foundations established for support of regents
institutions, including but not limited to written fund-raising
policies and documents evidencing fund-raising practices, shall be
subject to this chapter.
d. This subsection does not apply to a report filed with the
ethics and campaign disclosure board pursuant to section 8.7.
53. Information obtained and prepared by the commissioner of
insurance pursuant to section 507.14.
54. Information obtained and prepared by the commissioner of
insurance pursuant to section 507E.5.
55. An intelligence assessment and intelligence data under
chapter 692, except as provided in section 692.8A.
56. Individually identifiable client information contained in the
records of the state database created as a homeless management
information system pursuant to standards developed by the United
States department of housing and urban development and utilized by
the Iowa department of economic development.
57. The following information contained in the records of any
governmental body relating to any form of housing assistance:
a. An applicant's social security number.
b. An applicant's personal financial history.
c. An applicant's personal medical history or records.
d. An applicant's current residential address when the
applicant has been granted or has made application for a civil or
criminal restraining order for the personal protection of the
applicant or a member of the applicant's household.
58. Information filed with the commissioner of insurance pursuant
to sections 523A.204 and 523A.502A.
59. The information provided in any report, record, claim, or
other document submitted to the treasurer of state pursuant to
chapter 556 concerning unclaimed or abandoned property, except the
name and last known address of each person appearing to be entitled
to unclaimed or abandoned property paid or delivered to the treasurer
of state pursuant to that chapter.
60. Information possessed by the office of energy independence,
the Iowa power fund board, or the due diligence committee associated
with the office and the board, relating to a prospective applicant
with which the office, board, or committee is currently negotiating,
or an award recipient, shall only be released as provided in section
469.6, subsection 6.
61. Information in a record that would permit a governmental body
subject to chapter 21 to hold a closed session pursuant to section
21.5 in order to avoid public disclosure of that information, until
such time as final action is taken on the subject matter of that
information. Any portion of such a record not subject to this
subsection, or not otherwise confidential, shall be made available to
the public. After the governmental body has taken final action on
the subject matter pertaining to the information in that record, this
subsection shall no longer apply. This subsection shall not apply
more than ninety days after a record is known to exist by the
governmental body, unless it is not possible for the governmental
body to take final action within ninety days. The burden shall be on
the governmental body to prove that final action was not possible
within the ninety-day period.
62. Records of the department on aging pertaining to clients
served by the office of substitute decision maker.
63. Records of the department on aging pertaining to clients
served by the elder abuse prevention initiative.
64. Information obtained by the superintendent of credit unions
in connection with a complaint response process as provided in
section 533.501, subsection 3. Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 68A.7; 81 Acts, ch 36, § 1, ch 37, §
1, ch 38, § 1, ch 62, § 4] Section History: Recent Form
83 Acts, ch 90, § 9; 84 Acts, ch 1014, § 1; 84 Acts, ch 1185, § 5,
6
C85, § 22.7
85 Acts, ch 134, §16; 85 Acts, ch 175, §1; 85 Acts, ch 208, §1; 86
Acts, ch 1184, §1; 86 Acts, ch 1228, §1; 87 Acts, ch 223, § 20; 88
Acts, ch 1010, § 1; 88 Acts, ch 1256, § 1; 89 Acts, ch 194, § 1; 89
Acts, ch 304, § 102; 89 Acts, ch 311, § 22; 90 Acts, ch 1017, §1; 90
Acts, ch 1271, §703; 92 Acts, ch 1212, § 3; 93 Acts, ch 79, §2; 93
Acts, ch 163, §27; 94 Acts, ch 1023, §76; 94 Acts, ch 1064, §1; 94
Acts, ch 1092, §1; 94 Acts, ch 1174, §1; 95 Acts, ch 100, § 1; 95
Acts, ch 129, § 1; 95 Acts, ch 191, § 1; 96 Acts, ch 1037, § 1; 96
Acts, ch 1099, § 16; 96 Acts, ch 1133, § 38; 96 Acts, ch 1150, § 1;
96 Acts, ch 1212, § 10; 97 Acts, ch 92, §1; 97 Acts, ch 159, §1; 98
Acts, ch 1062, §8, 9; 98 Acts, ch 1073, § 9; 98 Acts, ch 1090, § 59,
84; 99 Acts, ch 88, §1, 11, 13; 99 Acts, ch 146, §43; 2000 Acts, ch
1014, §1; 2000 Acts, ch 1140, §1; 2000 Acts, ch 1147, §27; 2000 Acts,
ch 1161, §1; 2000 Acts, ch 1189, §25; 2001 Acts, ch 24, §17; 2001
Acts, ch 108, §1; 2002 Acts, ch 1038, §1; 2002 Acts, ch 1067, §13;
2002 Acts, ch 1076, §2; 2002 Acts, ch 1098, §1; 2002 Acts, ch 1117,
§53, 56; 2003 Acts, ch 114, §1; 2003 Acts, ch 145, §286; 2003 Acts,
ch 179, §157; 2004 Acts, ch 1091, §3; 2004 Acts, ch 1104, §4; 2004
Acts, ch 1147, §6; 2004 Acts, ch 1161, §65, 68; 2004 Acts, ch 1175,
§462, 468; 2005 Acts, ch 19, §16; 2005 Acts, ch 68, §2; 2005 Acts, ch
168, §8, 23; 2006 Acts, ch 1054, §1, 2; 2006 Acts, ch 1117, §2; 2006
Acts, ch 1122, §1; 2006 Acts, ch 1127, §1; 2006 Acts, ch 1147, §1,
11; 2006 Acts, ch 1148, §1; 2006 Acts, ch 1185, §57, 58, 92; 2007
Acts, ch 37, §1; 2007 Acts, ch 62, §1; 2007 Acts, ch 126, §11; 2007
Acts, ch 175, §1; 2008 Acts, ch 1032, §201; 2008 Acts, ch 1144, §2,
12, 13; 2008 Acts, ch 1191, §34, 99; 2009 Acts, ch 23, §6; 2009 Acts,
ch 48, §1; 2009 Acts, ch 119, §33
Referred to in § 2C.9, 8E.202, 10B.5, 15.274, 21.5, 34A.7A,
68B.31, 68B.32B, 76.11, 87.11, 99G.34, 100.5, 124.553, 135.43,
135A.7, 135O.4, 136A.7, 147A.26, 166D.10, 202A.2, 203.11B, 203D.4,
206.23A, 232.149, 252G.5, 263B.10, 266.46, 266.47, 280.19A, 299A.11,
321.189A, 452A.33, 455B.117, 462A.7, 465C.14, 476.4A, 476.74, 477A.7,
515.103, 523A.204, 523A.502A, 523C.23, 556.24A, 692.8A, 692.18,
708.2B, 716.6B, 901.5B, 907.4, 915.90 Footnotes
Future repeal of subsection 39 if substantially similar federal
legislation or regulation is implemented; finding and order by
secretary of agriculture; 99 Acts, ch 88, §11
Subsection 60 takes effect May 7, 2008, and applies to requests
relating to applications in process on that date; 2008 Acts, ch 1144,
§12, 13
Subsection 61 does not apply to litigation before any court that
was filed prior to July 1, 2008; 2008 Acts, ch 1191, §99
22.8 INJUNCTION TO RESTRAIN EXAMINATION.
1. The district court may grant an injunction restraining the
examination, including copying, of a specific public record or a
narrowly drawn class of public records. A hearing shall be held on a
request for injunction upon reasonable notice as determined by the
court to persons requesting access to the record which is the subject
of the request for injunction. It shall be the duty of the lawful
custodian and any other person seeking an injunction to ensure
compliance with the notice requirement. Such an injunction may be
issued only if the petition supported by affidavit shows and if the
court finds both of the following:
a. That the examination would clearly not be in the public
interest.
b. That the examination would substantially and irreparably
injure any person or persons.
2. An injunction shall be subject to the rules of civil procedure
except that the court in its discretion may waive bond.
3. In actions brought under this section the district court shall
take into account the policy of this chapter that free and open
examination of public records is generally in the public interest
even though such examination may cause inconvenience or embarrassment
to public officials or others. A court may issue an injunction
restraining examination of a public record or a narrowly drawn class
of such records, only if the person seeking the injunction
demonstrates by clear and convincing evidence that this section
authorizes its issuance. An injunction restraining the examination
of a narrowly drawn class of public records may be issued only if
such an injunction would be justified under this section for every
member within the class of records involved if each of those members
were considered separately.
4. Good-faith, reasonable delay by a lawful custodian in
permitting the examination and copying of a government record is not
a violation of this chapter if the purpose of the delay is any of the
following:
a. To seek an injunction under this section.
b. To determine whether the lawful custodian is entitled to
seek such an injunction or should seek such an injunction.
c. To determine whether the government record in question is
a public record, or confidential record.
d. To determine whether a confidential record should be
available for inspection and copying to the person requesting the
right to do so. A reasonable delay for this purpose shall not exceed
twenty calendar days and ordinarily should not exceed ten business
days.
e. Actions for injunctions under this section may be brought
by the lawful custodian of a government record, or by another
government body or person who would be aggrieved or adversely
affected by the examination or copying of such a record.
f. The rights and remedies provided by this section are in
addition to any rights and remedies provided by section 17A.19. Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 68A.8] Section History: Recent Form
84 Acts, ch 1185, § 7
C85, § 22.8
22.9 DENIAL OF FEDERAL FUNDS -- RULES.
If it is determined that any provision of this chapter would cause
the denial of funds, services or essential information from the
United States government which would otherwise definitely be
available to an agency of this state, such provision shall be
suspended as to such agency, but only to the extent necessary to
prevent denial of such funds, services, or essential information.
An agency within the meaning of section 17A.2, subsection 1, shall
adopt as a rule, in each situation where this section is believed
applicable, its determination identifying those particular provisions
of this chapter that must be waived in the circumstances to prevent
the denial of federal funds, services, or information. Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 68A.9] Section History: Recent Form
84 Acts, ch 1185, § 8
C85, § 22.9
22.10 CIVIL ENFORCEMENT.
1. The rights and remedies provided by this section are in
addition to any rights and remedies provided by section 17A.19. Any
aggrieved person, any taxpayer to or citizen of the state of Iowa, or
the attorney general or any county attorney, may seek judicial
enforcement of the requirements of this chapter in an action brought
against the lawful custodian and any other persons who would be
appropriate defendants under the circumstances. Suits to enforce
this chapter shall be brought in the district court for the county in
which the lawful custodian has its principal place of business.
2. Once a party seeking judicial enforcement of this chapter
demonstrates to the court that the defendant is subject to the
requirements of this chapter, that the records in question are
government records, and that the defendant refused to make those
government records available for examination and copying by the
plaintiff, the burden of going forward shall be on the defendant to
demonstrate compliance with the requirements of this chapter.
3. Upon a finding by a preponderance of the evidence that a
lawful custodian has violated any provision of this chapter, a court:
a. Shall issue an injunction punishable by civil contempt
ordering the offending lawful custodian and other appropriate persons
to comply with the requirements of this chapter in the case before it
and, if appropriate, may order the lawful custodian and other
appropriate persons to refrain for one year from any future
violations of this chapter.
b. Shall assess the persons who participated in its violation
damages in the amount of not more than five hundred dollars nor less
than one hundred dollars. These damages shall be paid by the court
imposing them to the state of Iowa if the body in question is a state
government body, or to the local government involved if the body in
question is a local government body. A person found to have violated
this chapter shall not be assessed such damages if that person proves
that the person either voted against the action violating this
chapter, refused to participate in the action violating this chapter,
or engaged in reasonable efforts under the circumstances to resist or
prevent the action in violation of this chapter; had good reason to
believe and in good faith believed facts which, if true, would have
indicated compliance with the requirements of this chapter; or
reasonably relied upon a decision of a court or an opinion of the
attorney general or the attorney for the government body.
c. Shall order the payment of all costs and reasonable
attorney fees, including appellate attorney fees, to any plaintiff
successfully establishing a violation of this chapter in the action
brought under this section. The costs and fees shall be paid by the
particular persons who were assessed damages under paragraph "b"
of this subsection. If no such persons exist because they have a
lawful defense under that paragraph to the imposition of such
damages, the costs and fees shall be paid to the successful plaintiff
from the budget of the offending government body or its parent.
d. Shall issue an order removing a person from office if that
person has engaged in a prior violation of this chapter for which
damages were assessed against the person during the person's term.
4. Ignorance of the legal requirements of this chapter is not a
defense to an enforcement proceeding brought under this section. A
lawful custodian or its designee in doubt about the legality of
allowing the examination or copying or refusing to allow the
examination or copying of a government record is authorized to bring
suit at the expense of that government body in the district court of
the county of the lawful custodian's principal place of business, or
to seek an opinion of the attorney general or the attorney for the
lawful custodian, to ascertain the legality of any such action.
5. Judicial enforcement under this section does not preclude a
criminal prosecution under section 22.6 or any other applicable
criminal provision. Section History: Recent Form
84 Acts, ch 1185, § 9; 2005 Acts, ch 99, §2
22.11 FAIR INFORMATION PRACTICES.
This section may be cited as the "Iowa Fair Information
Practices Act". It is the intent of this section to require that
the information policies of state agencies are clearly defined and
subject to public review and comment.
1. Each state agency as defined in chapter 17A shall adopt rules
which provide the following:
a. The nature and extent of the personally identifiable
information collected by the agency, the legal authority for the
collection of that information, and a description of the means of
storage.
b. A description of which of its records are public records,
which are confidential records, and which are partially public and
partially confidential records and the legal authority for the
confidentiality of the records. The description shall indicate
whether the records contain personally identifiable information.
c. The procedure for providing the public with access to
public records.
d. The procedures for allowing a person to review a
government record about that person and have additions, dissents, or
objections entered in that record unless the review is prohibited by
statute.
e. The procedures by which the subject of a confidential
record may have a copy of that record released to a named third
party.
f. The procedures by which the agency shall notify persons
supplying information requested by the agency of the use that will be
made of the information, which persons outside of the agency might
routinely be provided this information, which parts of the
information requested are required and which are optional and the
consequences of failing to provide the information requested.
g. Whether a data processing system matches, collates, or
permits the comparison of personally identifiable information in one
record system with personally identifiable information in another
record system.
2. A state agency shall not use any personally identifiable
information after July 1, 1988, unless it is in a record system
described by the rules required by this section. Section History: Recent Form
84 Acts, ch 1185, § 10
Referred to in § 22.12
22.12 POLITICAL SUBDIVISIONS.
A political subdivision or public body which is not a state agency
as defined in chapter 17A is not required to adopt policies to
implement section 22.11. However, if a public body chooses to adopt
policies to implement section 22.11 the policies must be adopted by
the elected governing body of the political subdivision of which the
public body is a part. The elected governing body must give
reasonable notice, make the proposed policy available for public
inspection and allow full opportunity for the public to comment
before adopting the policy. If the public body is established
pursuant to an agreement under chapter 28E, the policy must be
adopted by a majority of the public agencies party to the agreement.
These policies shall be kept in the office of the county auditor if
adopted by the board of supervisors, the city clerk if adopted by a
city, and the chief administrative officer of the public body if
adopted by some other elected governing body. Section History: Recent Form
84 Acts, ch 1185, § 11
22.13 SETTLEMENTS -- GOVERNMENTAL BODIES.
A written summary of the terms of settlement, including amounts of
payments made to or through a claimant, or other disposition of any
claim for damages made against a governmental body or against an
employee, officer, or agent of a governmental body, by an insurer
pursuant to a contract of liability insurance issued to the
governmental body, shall be filed with the governmental body and
shall be a public record. Section History: Recent Form
91 Acts, ch 96, §1
22.14 PUBLIC FUNDS INVESTMENT RECORDS IN CUSTODY OF
THIRD PARTIES.
1. The records of investment transactions made by or on behalf of
a public body are public records and are the property of the public
body whether in the custody of the public body or in the custody of a
fiduciary or other third party.
2. If such records of public investment transactions are in the
custody of a fiduciary or other third party, the public body shall
obtain from the fiduciary or other third party records requested
pursuant to section 22.2.
3. If a fiduciary or other third party with custody of public
investment transactions records fails to produce public records
within a reasonable period of time as requested by the public body,
the public body shall make no new investments with or through the
fiduciary or other third party and shall not renew existing
investments upon their maturity with or through the fiduciary or
other third party. The fiduciary or other third party shall be
liable for the penalties imposed under section 22.6 due to the acts
or omissions of the fiduciary or other third party and any other
remedies available under statute, common law, or contract. Section History: Recent Form
92 Acts, ch 1156, §8