Along with North Carolina, Iowa is cited by the Marion Brechner Center at the University of Florida as one of the states with the most open access to computerized information. Although the law does not specifically refer to electronic records, attorney general opinions and court cases have said the law applies to computer records. Reporters there face fewer barriers when it comes to high fees for data or custom searches on data. The law, however, specifies that a geographic computer database may be withheld by an agency.

Statutes: The open records act defines public records to include "all records, documents, tape, or other information, stored or preserved in any medium." The "lawful custodian" of a record does not include "an automated data processing unit of a public body if the data processing unit holds the records solely as the agent of another public body." Iowa Code § 22.1. Therefore, a requester must ask for records from the agency that generated and controls them. The act allows an agency to deny access to "a geographic computer data base . . . except upon terms and conditions acceptable to the governing body." § 22.2(3). Recently enacted law provides that, although a government body may not restrict access to a public record because it is combined with government-developed data processing software, access to the software itself may be restricted. § 22.3A. A government body that develops data processing software is allowed to apply for legal protection "necessary to secure a right to or an interest in" the software, including copyright, patent and trademark protection. § 22.3A(3).

Cases & opinions. Computer tapes of property tax assessment rolls are public records available for reasonable copying costs. Iowa Op. Att’y Gen. (Kudart, Sept. 6, 1979). The public has no right of access to electronic databases and programs if they are trade secrets. Measures such as encrypting software and establishing confidentiality requirements in the contract between the state and a private corporation showed reasonable efforts to maintain secrecy, which triggered protection under the trade secret statute. Brown v. Iowa Legislative Council and Legislative Service Bureau, 490 N.W.2d 551 (Iowa 1992).

Fees. A custodian of records or his or her deputy must supervise any person who examines and copies records and may charge a reasonable fee for the supervision and any necessary expenses of providing a place for the work. Copying fees "shall not exceed the cost of providing the service." § 22.3; Iowa Op. Att’y Gen. (Kudart, Sept. 6, 1979). A county cannot charge for its computer system’s depreciation, maintenance, electricity and insurance costs incurred while retrieving, reproducing and printing electronic records. Iowa Op. Att’y Gen. 96-2-1 (Feb. 2, 1996).

For a "geographic computer data base," an agency is required to "establish reasonable rates and procedures for the retrieval of specified records, which are not confidential records, stored in the data base upon the request of any person." Iowa Code § 22.2(3). An agency may not charge a fee for the mere examination of a public record. But the Transportation Department may require a citizen seeking listings of drivers whose licenses have been suspended or revoked to pay a fee for the tapes and costs incurred in their transcription, so long as the fee reflects the actual cost incurred in making the copies. If the agency has already copied a public record from an electronic storage system into a printed format, it must make copies of the record available in printed form and may charge a reasonable fee to cover copying costs. Att’y Gen. Op. 81-8-18 (Aug. 13, 1981). The government shall bear any costs incurred in separating public documents from data processing software; however, the government may charge additional fees for specially processing records requests. §22.3A(2). If access to data processing software is necessary to search or retrieve public records, the government may charge "direct publication costs," incurred in developing and transferring the software to the requester. §22.3A(2)(a). Fees for access to legislative information are set by the legislative council which must ensure the widest practicable access with fees at "the lowest price practicable," no more than costs attributable to "producing, editing and disseminating" the information. § 7A.22 (3).

GIS. Iowa Code § 22.4 provides: "However, notwithstanding subsections 1 and 2, a government body which maintains a geographic computer data base is not required to permit access to or use of the data base by any person except upon terms and conditions acceptable to the governing body."

Resources. Iowa Freedom of Information Council