Iowa Administrative Code
Agency 141 - Ombudsman
Chapter 3 - Information Practices
Rule 141-3.10 - Disclosure Without Consent of Subject
Universal Citation: IA Admin Code 141-3.10
Current through Register Vol. 47, No. 13, December 25, 2024
(1) Open records. Open records are routinely disclosed without the consent of the subject.
(2) Confidential records. To the extent allowed by law, the agency may disclose confidential records without the consent of the subject of a confidential record. Following are instances where the agency may disclose confidential information without consent of the subject:
a. Disclosure to those officers, employees,
or agents of the agency who need the information in the performance of their
duties. The custodian of the record shall determine what constitutes legitimate
need to use the confidential information.
b. Disclosure of information related to cases
to complainants or other state or local governmental agencies, as appropriate
to carry out the agency's statutory functions. The agency may disclose the
identities of complainants or witnesses who appear before the agency, if
disclosure will facilitate an inquiry or investigation by the agency or enable
the agency to sufficiently present its investigative findings and
conclusions.
c. Disclosure of any
records, upon request, to the general assembly, any standing committee of the
general assembly, or the governor, under Iowa Code section
2C.8, except that confidential
information provided by other agencies shall not be disclosed.
d. Release of critical reports, special
reports, or annual reports to the general assembly or any of its committees,
the governor, the news media, or interested members of the public.
e. Disclosure of information to staff of
federal and state entities for audit purposes or for purposes of determining
whether the agency is operating a program lawfully.
f. Disclosure of information indicating an
apparent violation of the law to appropriate law enforcement authorities for
investigations and possible criminal prosecution, civil court action, or
regulatory order.
g. Disclosure of
information to the appropriate authorities concerning the conduct of any public
official or employee which warrants disciplinary proceedings.
h. Disclosure of information to a recipient
who has given to the agency written assurance that the record will be used
solely as a statistical research or reporting record, if the information is
transferred in a form that does not identify the subject.
i. Disclosure of information to an individual
pursuant to a showing of compelling circumstances affecting the health or
safety of any individual, provided that notice of the disclosure is first
transmitted to the last-known address of the subject.
j. Disclosure of information to the
legislative services agency.
k.
Disclosure of information in the course of an employee disciplinary
proceeding.
l. Disclosure of
information in response to a court order.
m. Any disclosure of information specifically
authorized by the statute under which the record was collected or
maintained.
Disclaimer: These regulations may not be the most recent version. Iowa may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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