Under Iowa Code section
22.7 or other
applicable provisions of law, the lawful custodian may disclose certain
confidential records to one or more members of the public. Other provisions of
law may authorize or require the custodian to release specified confidential
records under certain circumstances or to particular persons. In requesting the
custodian to permit the examination and copying of such a confidential record,
the following procedures apply and are in addition to those specified for
requests for access to records in rule
161-11.3
(17A,22,216).
(1)
Proof of
identity. A person requesting access to a confidential record may be
required to provide proof of identity or authority to secure access to the
record.
(2)
Requests. The custodian may require that a request to examine
and copy a confidential record be in writing. A person requesting access to
such a record may be required to sign a certified statement or affidavit
enumerating the specific reasons justifying access to the confidential record
and to provide any proof necessary to establish relevant facts.
(3)
Notice to subject of record and
opportunity to obtain injunction. After the custodian receives a
request for access to a confidential record, and before the custodian releases
such a record, the custodian may make reasonable efforts to notify promptly any
person who is a subject of that record, is identified in that record, and whose
address or telephone number is contained in that record. To the extent such a
delay is practicable and in the public interest, the custodian may give the
subject of such a confidential record to whom notification is transmitted a
reasonable opportunity to seek an injunction under Iowa Code section
22.8,
and indicate to the subject of the record the specific period of time during
which disclosure will be delayed for that purpose.
(4)
Request denied. When the
custodian denies a request for access to a confidential record, the custodian
shall promptly notify the requester If the requester indicates to the custodian
that a written notification of the denial is desired, the custodian shall
promptly provide such a notification that is signed by the custodian and that
includes:
a. The name and title or position
of the custodian responsible for the denial; and
b. A citation to the provision of law vesting
authority in the custodian to deny disclosure of the record and a brief
statement of the reasons for the denial to this requester
(5)
Request granted. When
the custodian grants a request for access to a confidential record to a
particular person, the custodian shall notify that person and indicate any
lawful restrictions imposed by the custodian on that person's examination and
copying of the record.
