Iowa Admin. Code r. 761-4.9 - Confidential records
This rule describes the types of departmental information or records that are confidential. This rule is not exhaustive. A citation of the legal authority for confidentiality follows each description. The following records will be kept confidential. Records are listed by category, according to the legal basis for withholding them from public inspection.
Descriptions:
(1)
Records that are exempt from disclosure under Iowa Code section
22.7.
(2) Records that constitute attorney work
product, attorney-client communications, or are otherwise privileged. (Attorney
work product is confidential under Iowa Code sections
22.7,
622.10 and
622.11; Iowa R.C. P. 1.503; Fed.
R. Civ. P. 2 6(b)(3); and case law. Attorney-client communications are
confidential under Iowa Code sections
622.10 and
622.11, the rules of evidence,
the Iowa Rules of Professional Conduct, and case law.)
(3) Those portions of the department's staff
manuals, instructions or other statements issued by the department that set
forth criteria or guidelines to be used by its departmental staff in auditing,
making inspections, settling commercial disputes or negotiating commercial
arrangements, or in the selection or handling of cases, such as operational
tactics or allowable tolerances or criteria for the defense, prosecution or
settlement of cases, when the disclosure of such statements would enable law
violators to avoid detection, facilitate disregard of requirements imposed by
law, or give a clearly improper advantage to persons who are in an adverse
position to the department. (Iowa Code section
17A.2)
(4) The detailed minutes and recordings of
closed sessions of the commission. However, if a closed session regards a real
estate purchase or sale, the minutes and recording are to be available for
public inspection when the transaction discussed is completed. (Iowa Code
section 21.5)
(5) Vehicle accident reports submitted to the
department by drivers and peace officers. (Iowa Code sections
321.266 and
321.271)
a. However, access will be granted to those
persons authorized by Iowa Code section
321.271.
b. Reserved.
(6) Unless otherwise ordered by the court,
all information filed with the court for the purpose of securing a warrant for
an arrest, including but not limited to a citation and affidavits, until such
time as a peace officer has made the arrest and has made the officer's return
on the warrant, or the defendant has made an initial appearance in court. (Iowa
Code section 804.29)
a. However, the information in the record may
be disseminated without court order during the course of official duties to the
persons authorized in Iowa Code section
804.29 unless access to such
information is expressly denied by court order.
b. Reserved.
(7) All information filed with the court for
the purpose of securing a warrant for a search, including but not limited to an
application and affidavits, until such time as a peace officer has executed the
warrant and has made return thereon. (Iowa Code section
808.13)
a. During the period of time that information
is confidential, it shall be sealed by the court, and the information contained
therein shall not be disseminated to any person other than a peace officer,
magistrate or other court employee, in the course of official duties.
b. Reserved.
(8) Information obtained by the department
from the examining of reports, returns or records required to be filed or kept
under the provisions of Iowa Code chapter 452A, except where disclosure is
authorized by Iowa Code chapter 452A. (Iowa Code section
452A.63)
(9) Sealed bids, until the time set for the
public opening of bids, whereupon bids are unsealed and no longer confidential.
(Iowa Code section 72.3)
(10) Those records that, if disclosed, would
diminish competition or would give an improper advantage to persons who are in
an adverse position to the department. These records are to be kept
confidential until the transaction to which they relate is consummated.
However, if disclosure would reveal information that would hinder future
competition, the records will be kept confidential. (Iowa Code sections
17A.2,
22.7 and
313.10; Iowa Code chapter 553;
and 761-Chapter 20)
a. Examples of records
that could, in the proper circumstances, be determined to be within this
category include but are not limited to:
(1)
Detailed estimates of the cost of a proposed contract.
(2) Economic analyses for determining
pavement types.
(3) Negotiations
for a proposed contract.
(4)
Methodology for determining unfair bidding practices or bid rigging.
(5) Price quotations solicited.
(6) The value of points assigned to a bid
rating formula prior to the time set for public opening of bids.
(7) Laboratory testing reports of suppliers'
products. These may also be trade secrets. The subject of the report has the
right of access to it.
b.
Reserved.
(11) Audit
reviews for determining equal employment opportunity contract compliance. (Iowa
Code section 22.7 and
5 U.S.C. §
552 and
552a)
a. The subject of the audit review has the
right of access to it.
b.
Reserved.
(12) All
financial records and any information contained within them that are made
available to the department, unless otherwise expressly permitted to be
divulged by federal or state law. (Iowa Code sections
22.7 and
422.20 and
5 U.S.C. §
552 and
552a)
(13) Personal information in any motor
vehicle record, including personal information contained on electronic driver's
license or nonoperator's identification card records that is provided by the
licensee or card holder to the department for use by law enforcement, first
responders, emergency medical service providers, and other medical personnel
responding to or assisting with an emergency. (Iowa Code sections
22.7 and
321.11 and
18 U.S.C. §
2721 et seq.)
a. Information other than personal
information contained on electronic driver's license or nonoperator's
identification card records that is provided by the licensee or card holder to
the department for use by law enforcement, first responders, emergency medical
service providers, and other medical personnel responding to or assisting with
an emergency may be disclosed only as provided in Iowa Code sections
321.11 and
321.11A,
18 U.S.C. §
2721 et seq., and 761-Chapter 301.
b. The subject of the personal information
has the right of access to the information.
(14) A report received by the department from
a physician licensed under Iowa Code chapter 148, an advanced registered nurse
practitioner licensed under Iowa Code chapter 152 and licensed with the board
of nursing, a physician assistant licensed under Iowa Code chapter 148C or an
optometrist licensed under Iowa Code chapter 154 regarding a person who has
been diagnosed as having a physical or mental condition that would render the
person physically or mentally incompetent to operate a motor vehicle in a safe
manner. (Iowa Code section
321.186)
(15) Privileged and personnel records or
information of law enforcement officers and undercover law enforcement
officers, as specified in Iowa Code sections
80G.2 and
80G.3, as well as certain
records regarding undercover driver's licenses issued to certified peace
officers employed by a local authority or by the state or federal law
enforcement officers, as specified in 761-Chapter 625. (Iowa Code sections
22.7,
80G.2,
80G.3 and
321.189A)
a. The subject of the record and the head of
the law enforcement agency employing the subject have the right of access to
the record.
b.
Reserved.
(16) Records
related to confidential plates issued for government vehicles. (Iowa Code
section 321.19)
a. The head of the agency to which the
vehicle is assigned has the right of access to the record.
b. Reserved.
(17) Certified transcripts of labor payrolls
(also known as certified payroll records) filed by contractors for federal-aid
construction contracts, in accordance with the following paragraphs. (Iowa Code
section 22.7,
5 U.S.C. §
552 and
552a, and
42 U.S.C. §
405)
a. The
social security numbers in a certified payroll record are confidential. The
record itself may be confidential if its release would give advantage to
competitors and serve no public purpose.
b. The prime contractor and subcontractor, if
applicable, that filed the record have the right of access to it.
c. Certified payroll records are to be
released to the U.S. Department of Labor and Federal Highway Administration
during investigations.
d. The
custodian may release a certified payroll record with social security numbers
withheld to representatives of the Iowa Labor Management Work Preservation
Fund.
e. The custodian may release
a certified payroll record with social security numbers withheld to persons
outside the department other than the persons listed in paragraphs
4.9(17)"b" through"d" according to the
following procedure:
(1) The request for the
record must be in writing.
(2) The
custodian is to send a copy of the request by registered mail to the prime
contractor. If the request is for subcontractor information, the custodian is
to send copies of the request to both the subcontractor and prime
contractor.
(3) The requested
record may be released after 14 calendar days have expired from receipt of the
request by the contractor(s) to give the contractor(s) an opportunity to seek
an injunction.
(18) Information concerning an open or
pending railroad accident investigation conducted on behalf of or in
conjunction with the Federal Railroad Administration or National Transportation
Safety Board to the extent necessary to prevent denial of funds, services or
essential information from the United States government. (Iowa Code section
22.9)
(19) A geographic computer database, except
upon terms and conditions acceptable to the department. (Iowa Code section
22.2)
(20) Confidential information, as defined in
Iowa Code section 86.45, filed with the workers'
compensation commissioner. (Iowa Code section
22.7)
(21) An intelligence assessment and
intelligence data under Iowa Code chapter 692, except where disclosure is
required or authorized by the Iowa Code. (Iowa Code chapter 692 and section
22.7)
(22) Information in a record that would
permit the commission, subject to Iowa Code chapter 21, to hold a closed
session pursuant to Iowa Code 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 or unless otherwise authorized by the Iowa
Code. (Iowa Code section
22.7)
(23) All other information or records that by
law are or may be confidential.
This rule is intended to implement Iowa Code chapters 22, 553 and 692; Iowa Code sections 17A.2, 21.5, 72.3, 80G.2, 80G.3, 313.10, 321.11, 321.11A, 321.19, 321.186, 321.189A, 321.266, 321.271, 422.20, 452A.63, 622.10, 622.11, 804.29 and 808.13; 5 U.S.C. § 552 and 552a; 18 U.S.C. § 2721 et seq.; and 42 U.S.C. § 405.
Notes
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