Iowa Admin. Code r. 441-9.4

Current through Regsiter Vol. 46, No. 26, June 12, 2024

Rule 441-9.4 - [Effective until 7/3/2024] Access to confidential records

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 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 441-9.3 (17A,22).

(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 a request to examine and copy a confidential record to 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.

a. Except as provided in 441-subrule 175.41(2) , after receiving a request for access to a confidential record and before releasing the record, the custodian may make reasonable efforts to promptly notify any person:

(1) Who is a subject of that record,

(2) Who is identified in that record, and

(3) Whose address or telephone number is contained in the record.

b. To the extent such a delay is practicable and in the public interest, the custodian may give the notified subject a reasonable time to seek an injunction under Iowa Code section 22.8. The custodian shall inform the subject identified in the record of how much time the subject has to seek an injunction before the information will be released.

(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. Except as provided in 441-subrule 175.41(2) , when the custodian grants a request for access to a confidential record, the custodian shall notify the requester or the person who is to receive the information and include any limits on the examination and copying of the record.

(6)Records requiring special procedures. Special procedures are required for access to:

a. Child abuse information. Access to child abuse information is obtained according to rules 441-175.41 (235A) and 441-175.42 (235A).

b. Dependent adult abuse information. Access to adult abuse information is governed by rule 441-176.10 (235A).

c. Quarterly list. Rescinded lAB 10/4/00, effective 12/1/00.

Iowa Admin. Code r. 441-9.4