B. Other statutory exclusions.

1. Accident Reports.

a. filed by the driver of a vehicle involved in an accident;

(1) Only the identity and address of person involved in accident is available; and only to persons involved in the accident, their insurers, agents and attorneys. Iowa Code §  321.271.

b. filed by law enforcement officers;

(2) Available to any party to an accident, the party's insurer, agent, attorney or the attorney general upon written request and payment of $4 fee. Iowa Code §  321.271. 70 Op. Att'y Gen. 420, 421 (February 2, 1970).

2. Accountants.

Members of the accountancy examining board may not disclose information relating to the criminal history or prior misconduct of an applicant, examination contents, or examination results other than final score (except to person who took the examination). Iowa Code §  116.16.

3. Architects.

Members of the architectural examining board may not disclose information relating to the criminal history or prior misconduct of an applicant, examination contents, or examination results other than final score (except to the person who took the examination). Iowa Code §  118.27.

4. Arrest Warrants.

Information filed with the court for the purpose of securing an arrest warrant is confidential until the arrest is made and the warrant is returned. Iowa Code §  804.29.

5. Arson Investigation Reports.

Authorized agencies or insurance companies receiving information relevant to arson prosecution must hold that information in confidence until the information is released pursuant to a criminal or civil proceeding. Iowa Code §  100A.3(1).

6. Attorneys.

a. Attorneys must "maintain inviolate the confidence, and at any peril to the attorney or counselor . . . preserve the secrets of a client." Iowa Code §  602.10112(4).

b. Members of the board of law examiners may not disclose information relating to the criminal history or prior misconduct of an applicant, examination contents, or examination results other than final score (except to the person who took the examination). Iowa Code §  602.10141.

c. Information obtained by reason of employment may not generally be divulged in giving testimony. Iowa Code §  622.10. The confidence may be waived by the person in whose favor the prohibition is made. Id.

7. Bank Examinations and Records.

a. "An examiner shall not disclose to any person, other than the superintendent, deputy superintendent, and the person examined, the name of any shareholder, member, partner, owner of, or borrower from, or disclose the nature of the collateral for any loan by any state bank or persons subject to chapters 533A, 533B, 536, and 536A, or any affiliate of any state bank or of any such persons, or any other information relating to the business of any state bank or of any such persons, or any affiliate of any state bank or of any such persons, except when ordered to do so by a court of competent jurisdiction and then only in those instances referred to in subsections 1, 2, and 3 of §  524.215 (relating primarily to decisions by and review of decisions by the superintendent). Iowa Code §  524.212. See also 75 Op. Att'y Gen. 370, 371 (January 4, 1974) (Superintendent may respond to subpoena in proceeding in which FDIC is party).

b. "All records of the department of banking shall be public records subject to the provisions of chapter 22 [open records law], except that all papers, documents, reports, reports of examinations and other writings relating specifically to the supervision and regulation of any state bank or other person by the superintendent pursuant to the laws of this state shall not be public records and shall not be open for examination or copying by the public or for examination or publication by the news media. The superintendent, deputy superintendent, assistants or examiners shall not be subpoenaed in any cause or proceeding to give testimony concerning information relating specifically to the supervision and regulation of any state bank or other person by the superintendent pursuant to the laws of this state, nor shall the records of the banking division which relate specifically to the supervision and regulation of any such state bank or other such person be offered in evidence in any court or subject to subpoena by any party except, where relevant:

(1) In such actions or proceedings as are brought by the superintendent;

(2) In any matter in which an interested and proper party seeks review of a decision of the superintendent;

(3) In any action or proceeding which arises out of the criminal provisions of the laws of this state or the United States;

(4) In any action brought as a shareholders derivative suit against a state bank; or

(5) In any action brought to recover monies or to recover upon an indemnity bond for embezzlement, misappropriation or misuse of state bank funds."

Iowa Code §  524.215.

8. Department of Revenue and Finance.

a. No bank may be required to divulge to the director information about the property of a person when that information was obtained as a part of a business transaction with the bank, in the ordinary course of bank business, and the information was necessary and proper to the discharge of the duty of the bank. Iowa Code §  421.17(7).

b. It is unlawful for the director or others to divulge information concerning the business affairs, income, etc., of any person examined pursuant to Chapter 422 (Property Relief Act). Iowa Code §  422.72(1).

Disclosure that a named individual has filed a return is not prohibited. 76 Op. Att'y Gen. 679 (July 27, 1976).

c. See also Iowa Code §  422.20 (applying to present and former state employees); and 81 Op. Att'y Gen. 302, 305 (November 25, 1981) (purpose of confidentiality "to promote accurate and complete reporting of information to the agency by insuring to the taxpayer that the agency will not disclose any secrets. (Citation)").

9. Birth Defects.

Data collected by the birth defects institute to facilitate compilation of statistical information on the causes, treatment, etc. of birth defects is confidential. Iowa Code §  136A.6.

10. Board of Veterinary Medicine.

Members of the board may not disclose information relating to the criminal history or prior misconduct of an applicant, examination contents, or examination results other than final score except to the person who took the examination). Iowa Code §  169.6.

11. Bondholders.

The identity of public bondholders is confidential. Iowa Code §  76.11.

12. Child Abuse Information.

Information is available only to health care practitioners attending a victim, department of human services investigators, certain law enforcement officers, juvenile or district courts, agencies responsible for care of the child, those doing bona fide research (but without identifying information absent consent of guardian), persons referred to in the reports, department personnel where necessary, the mandatory reporter, a multidisciplinary team where appropriate, licensing authorities and the department of public safety. Iowa Code §  235A.15(2).

13. Child Day Care Facilities.

Information relevant to individuals in a child day care facility is, without written consent or court inquiry, confidential. Iowa Code §  237A.7.

14. Child Foster Care.

Information concerning agencies and persons cared for by agencies is available only to designated governmental agencies and to such persons as may be in the interest of the child. Iowa Code §  238.24. Statistical analysis of data in such manner as to protect confidentiality is permissible. Id.

15. Child Placing Agencies.

Information concerning agencies and persons cared for by agencies is available only to designated governmental agencies and to such persons as may be in the interest of the child. Iowa Code §  238.24.

16. Citizen's Aide.

These files are closed to all but the general assembly and the governor. Iowa Code §  601G.8.

17. Clergy.

Clergy may not divulge, in giving testimony, confidential communication properly entrusted in professional capacity where necessary and proper to enable clergy to discharge functions of office. Iowa Code §  622.10. The person in whose favor the prohibition is made may waive the confidence. Id.

18. Coal Exploration Permits.

Information submitted and determined to be confidential concerning trade secrets or privileged commercial or financial information which relates to competitive rights is not available to the public. Iowa Code §  83.18(2).

19. Commission of Veteran Affairs.

Applications, investigations and case records are privileged and confidential. Iowa Code §  250.10. See 55 Op. Att'y Gen. 114, 117 (November 14, 1955) (Veteran's claim for payment should not be published with other claims allowed by the county board of supervisors).

20. Iowa Competition Law.

Documents produced pursuant to an investigation into alleged prohibited conduct shall be kept confidential by the attorney general until an action is filed. Iowa Code §  553.9(3). Confidence may be waived by the persons being investigated. Id. Protective orders may be available with regard to trade secrets and confidential research, development and commercial information. Iowa Code §  553.11(6).

21. Continuing Education.

Licensee disciplinary proceedings are privileged and confidential; but subsequent written decisions are public records. Iowa Code §  258A.6(4). Disclosure exception applies only when disciplinary proceeding initiated. Doe v. Iowa State Bd. of Physical Therapy, 320 N.W.2d 557, 559 (Iowa 1982).

22. Corrections.

a. "The following information regarding individuals receiving services from the department or from the judicial district departments of correctional services under chapter 905 is confidential and shall not be disseminated by the department to the public:

(1) home street address of the individual receiving services or that individual's family;

(2) department evaluations;

(3) medical, psychiatric or psychological information;

(4) names of associates or accomplices;

(5) name of employer;

(6) Social Security number;

(7) prior criminal history including information on offenses where no conviction occurred;

(8) family and personal history;

(9) financial information;

(10) information from disciplinary reports and investigations other than that identified in subsection 1, paragraph 1;

(11) investigations by the department or other agencies which are contained in the individual's file;

(12) department committee records which include any information identified in paragraphs a through k. A record containing information which is both public and confidential which is reasonably segregable shall not be confidential after deletion of the confidential information;

(13) presentence investigations as provided under chapter 901;

(14) pretrial information that is not otherwise available in public court proceedings; and

(15) correspondence directed to department officers or staff from an individual's family, victims, or employers of a personal or confidential nature. If the custodian of the record determines that the correspondence is confidential, in any proceeding under chapter 22 the burden of proof shall be on the person seeking release of the correspondence, and the writer of the correspondence shall be notified of the proceeding.

Iowa Code §  246.602(2).

23. Credit Unions.

"Records of the credit union division are public records subject to the provisions of chapter 22, except that papers, documents, reports, reports of examinations and other writing relating specifically to the supervision and regulation of a specific credit union or of other persons by the superintendent pursuant to the laws of this state are not public records and shall not by open for examination or copying by the public or for examination or publication by the news media." Iowa Code §  533.60(1).

24. Crime Victim Reparation Program.

"Information and records which are confidential under section 22.7 and information or records received from the confidential information or records remain confidential under this section." Iowa Code §  912.10.

25. Crime Victim Registration.

Registration with the appropriate law enforcement agency is confidential. Iowa Code §  910A.17. Similarly, the identity of a crime victim at a crime victim center is confidential under Iowa Code § §  236A(1) and (2). 92 Op. Att'y Gen. #92-3-3 (March 12, 1992).

26. Criminal History and Intelligence Data.

a. The department of public safety may disseminate criminal history data to criminal justice agencies, public agencies authorized by the director, department of human services, state racing commission, and state lottery agency. Iowa Code §  692.2(1).

Chapter 692 has been amended to expand the class of people to whom the Department of Public Safety may provide copies of data to include "persons, public or private agenc[ies]." See HF 2448

b. Prosecutors are precluded from obtaining "rap sheets" for prospective jurors to use in jury selection. State v. Bessenecker, 404 N.W.2d 134, 138 (Iowa 1987).

c. Redissemination is limited to official purposes in connection with prescribed duties of a criminal justice agency. Iowa Code §  692.3(1). Feeney v. Scott County., 290 N.W.2d 885 (Iowa 1980).

d. Intelligence data may be disseminated only to peace officers, state or federal regulatory agencies, and criminal justice agencies. Iowa Code §  692.8. 81 Op. Att'y Gen. 31 (February 9, 1981).

e. "Criminal history data and intelligence data in the possession of the department [of public safety] or bureau [of identification], or disseminated by the department or bureau, are not public records within the provisions of chapter 22." Iowa Code §  692.18 (emphasis added).

27. Department of Human Services.

Specified information with regard to persons receiving services is confidential. Iowa Code §  217.30(1).

28. Dispute Resolution.

Information relating to agreements between parties and mediator is confidential except when governmental subdivision is a party. Where government is a party, facts and circumstances surrounding dispute are not confidential. Iowa Code §  679.12.

29. Domestic Abuse.

Information and records are confidential. Iowa Code §  236.10.

30. Drug Abuse.

Registration and other records of substance abuse facilities are confidential and privileged. Iowa Code §  125.37(1). Records of the identity, diagnosis, prognosis or treatment of one which are maintained in connection with treatment for substance abuse are confidential. Iowa Code §  125.93. See also 21 U.S.C. §  1175. An agency evaluation of an independent facility is, however, a public record. 76 Op. Att'y Gen. 448, 450 (Feb. 10, 1976). Records may be disclosed to medical personnel in a medical emergency without consent of patient. Iowa Code §  125.37(3).

31. Engineers and Surveyors.

Members of the engineering and land surveying examiners board may not disclose information relating to the criminal history or prior misconduct of an applicant, examination contents, or examination results other than the final score (except to the person who took the examination). Iowa Code §  114.32.

32. Grain Dealers and Warehouse Operators.

Financial statements required of grain dealers pursuant to chapter 542 are confidential and may be disclosed only to law enforcement agencies, as part of an administrative proceeding, in response to a subpoena, to bonding companies, at the request of the Iowa board of accountancy, or by consent. Iowa Code §  542.16. Financial statements required of warehouse operators are similarly confidential. Iowa Code §  543.24.

33. Health Data Commission.

Health data may be provided by the various hospitals, commissioners and other entities to the director of public health, notwithstanding the provisions of §  22.7(2). Iowa Code §  145.4.

34. Health Maintenance Organizations.

The "communications in professional confidence" rules and exceptions set forth in Iowa Code §  622.10, apply to HMO's. Iowa Code §  514B.30. An HMO may not release the names of its members. Id.

35. Infectious Disease Reports.

Reports of infectious diseases prepared pursuant to chapter 139 are confidential. Iowa Code §  139.2.

36. Inheritance Tax Records.

Information gathered by investigation and inspection pursuant to chapter 450 is confidential and shall not be disclosed except as necessary for enforcement. Iowa Code §  450.68.

37. Inspections and Appeals (performed by the department of inspections and appeals for the purpose of auditing the operations of the executive branch of state government).

Where disclosure would plainly and seriously jeopardize an investigation, information received through reports, inspections, audits, etc. shall not be disclosed in a manner which identifies individuals, corporations and others prior to issuance of results of inquiry. Iowa Code §  10A.105. Hospital records shall not be disclosed. Id.

38. Judicial Qualifications Commission.

Records, papers and proceedings are confidential unless the commission applies to the supreme court to retire, discipline or remove a judicial officer. Iowa Code §  602.2103.

39. Mental Health Patient Information Disclosures.

a. Mental health information is not subject to disclosure except as follows: (1) Voluntary disclosure by an individual or his representative; (2) Administrative disclosure where necessary to facilitate provision of services; (3) Compulsory disclosure to protect human health and safety, respond to court orders, initiate commitment proceedings, or overcome claims in legal proceedings. Iowa Code §  §  228.2, 228.3, 228.5 and 228.6.

b. Records of involuntary hospitalization proceedings are confidential. Iowa Code §  229.24.

c. Psychological Test Data. Except as otherwise provided in this section, a person in possession of psychological test material shall not disclose the material to any other person, including the individual who is a subject of the test. In addition, the test material shall not be disclosed in any administrative, judicial, or legislative proceeding. However, upon the request of an individual who is the subject of a test, all records associated with a psychological test of that individual shall be disclosed to a psychologist licensed pursuant to chapter 154B designated by the individual. An individual's request for the records shall be in writing and shall comply with the requirements of §  228.3, relating to voluntary disclosures of mental health information, except that the individual shall not have the right to inspect the test materials. Iowa Code §  228.9.

40. Morbidity and Mortality Studies.

The identity of persons whose condition or treatment is studied in connection with medical research is confidential. Iowa Code §  135.41.

41. Nursing Home Administrators.

Members of the board of examiners for nursing home administrators may not disclose information relating to the criminal history or prior misconduct of an applicant, examination content, or examination results other than final score (except to the person who took the examination). Iowa Code §  135E.17.

42. Peer Review Boards.

In all disciplinary actions against licensed professional where privileged and confidential information becomes part of the record, "the identity of an individual whose privilege has been involuntarily waived shall be withheld." Iowa Code §  147.135(2).

43. Physicians and Surgeons.

a. Members of the examining board may not disclose information relating to the criminal history or prior misconduct of an applicant, examination content, or examination results other than final score (except to the person who took the examination). Iowa Code §  147.21.

b. "[A] . . . physician . . . who obtains information by reason of . . . employment . . . shall not be allowed, in giving testimony, to disclose any confidential communication properly entrusted to the person in the person's professional capacity, and necessary and proper to enable the person to discharge the functions of the person's office according to the usual course of practice or discipline." Iowa Code §  622.10. The person in whose favor the prohibition is made may waive the rights conferred. Id. §  622.10 does not apply in an action in which the condition is an element of the claim or defense. Id.

44. Presentence Reports.

Presentence investigation reports are confidential. Iowa Code §  901.4. 80 Op. Att'y Gen. 895 (December 10, 1980).

45. Private Investigative and Security Agencies.

a. All disciplinary complaints, investigations, reports and information in the possession of the department of public safety are confidential. Iowa Code §  80A.17(1). The records are, however, subject to discovery, subpoena, and other means of legal compulsion. Id.

b. Lists of employees and their personal histories are confidential. Iowa Code §  80A.17(2). Lists of agency names, agency owners, officers and directors, however, are public records. Id. The department of public safety may confirm that a specified individual is employed at a licensed agency. Id.

46. Public Officials.

"A public officer cannot be examined as to communications made to the public officer in official confidence, when the public interests would suffer by the disclosure." Iowa Code §  622.11. Consideration is given to potential for harm to the public interest, not the interest of the officer. State Ex Rel. Shanahan v. Iowa Dist. Court for Iowa County, 356 N.W.2d 523, 527 (Iowa 1984).

47. Real Estate Brokers and Salespersons.

Members of the real estate examining board may not disclose information relating to the criminal history or prior misconduct of an applicant, examination, contents, or examination results other than final score (except to the person who took the examination). Iowa Code §  117.52.

48. Search Warrants.

All information filed with the court for purposes of securing a search warrant is confidential until the warrant is executed and returned. Iowa Code §  808.13.

49. Shorthand Reporters.

Members of the board of shorthand reporters examiners may not disclose information relating to the criminal history or prior misconduct of an applicant, examination content, or examination results other than final score (except to the person who took the examination). Iowa Code §  602.3301(1).

50. Social Workers.

A licensed social worker may not disclose information acquired in a professional capacity except: "(1) If the information reveals the contemplation or commission of a crime; (2) If the privilege is waived by bringing charges; (3) Written consent; (4) Court testimony concerning child welfare; or (5) To seek consultation with professional colleagues." Iowa Code §  154C.5.

51. Unemployment Compensation Records.

Information obtained by the Division of Job Service in the course of administering chapter 96 is generally confidential. Iowa Code §  6.11(7).

52. Venereal Disease Records.

Reports to the Iowa Department of Health concerning persons infected with venereal disease are confidential to the extent necessary to protect the identity of persons named. Iowa Code §  140.3.

53. Veterans' Exposure to Chemicals (Agent Orange).

The veterans affairs division may not identify veterans consenting to epidemiological investigations pursuant to chapter 139A. Iowa Code §  139A.4. Statistical data compiled pursuant to this chapter are public records.

54. Vital Statistics.

The following vital statistics in the possession of a county registrar or state archivist may be inspected and copied (if the records are at least seventy-five years old):

(1) a record of birth if, that birth did not occur out of wedlock;

(2) a record of marriage;

(3) a record of divorce, dissolution or annulment; and

(4) a record of death, if that death was not a fetal death.

Iowa Code §  144.43.