Current through Register Vol. 47, No. 13, December 25, 2024
(1)
Open records. Records under the jurisdiction of the agency are
open for public inspection and copying unless otherwise provided by these
rules.
(2)
Confidential
records. The following records under the jurisdiction of the agency
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. See Iowa Code section
72.3.
b. Procurement proposals prior to completion
of the evaluation process and the issuance of a notice of intent to award a
contract, provided that, if requests for proposals are canceled prior to the
issuance of a notice of intent to award, all procurement proposals shall be
returned in confidence to the bidders and no file copies shall be
retained.
c. Tax records made
available to the agency.
d. Records
which are exempt from disclosure under Iowa Code sections
22.7 and
97B.17,
including, but not limited to:
(1)
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
22.7(18).
(2) Data processing software, as defined in
Iowa Code section
22.3A,
which is developed by a governmental body.
(3) Log-on identification passwords, Internet
protocol addresses, usernames, 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.
(4) Records which if
disclosed might jeopardize the security of an electronic transaction pursuant
to Iowa Code chapter 554D.
e. Minutes of closed meetings of a government
body under Iowa Code section
21.5(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
17A.3(1)
"e."
g. Those
portions of agency manuals, examination materials, instructions or other
statements issued which set forth criteria or guidelines to be used in
auditing, in making inspections, in settling commercial disputes or negotiating
commercial contract 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 these
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.
h. Records which constitute attorney work
product, attorney-client communications, or which are otherwise privileged.
Attorney work product is confidential under Iowa Code sections
22.7(4)
and
622.10,
Iowa R.C.R 1.503, Fed. R.Civ.P. 26(b)(3), and case law. Attorney-client
communications are confidential under Iowa Code section
622.10,
the rules of evidence, the Code of Professional Responsibility, and case
law.
i. Any other records made
confidential by law.
(3)
Authority to release confidential records. The agency, under
certain circumstances, may disclose some information or confidential records
which otherwise are exempt from disclosure under Iowa Code sections
22.7 and
97B.17, or
other law. Any person may request permission to inspect particular records
withheld from inspection as confidential records. If it is initially determined
that records will be released, reasonable efforts will be made, where
appropriate, to notify interested persons, and the records may be withheld from
inspection for up to ten days to allow interested persons to seek injunctive
relief.