2. Discussion of each exemption.

a. Personal information in records regarding a student, prospective student, or former student maintained, created, collected or assembled by or for a school corporation or educational institution maintaining such records. This subsection shall not be construed to prohibit a postsecondary education institution from disclosing to a parent or guardian information regarding a violation of a federal, state, or local law, or institutional rule or policy governing the use or possession of alcohol or a controlled substance if the child is under the age of twenty-one years and the institution determines that the student committed a disciplinary violation with respect to the use or possession of alcohol or a controlled substance regardless of whether that information is contained in the student's education records. This subsection shall not be construed to prohibit a school corporation or educational institution from transferring student records electronically to the department of education, an accredited nonpublic school, an attendance center, a school district, or an accredited postsecondary institution in accordance with section 256.9, subsection 48.  Iowa Code §  22.7(1).  Amended in 2011, Ia. SF 470

(1) A student's name and address in public records in the custody of a public school is not, however, confidential. 80 Op. Att'y Gen. 720 (June 18, 1980). Cf. 20 U.S.C. §  1232g (school must allow parents opportunity to inform school they do not want this information released without prior consent). See also Iowa Code §  22.9 (provisions of Chapter 22 which would cause denial of federal funds are suspended to the extent necessary to prevent denial).

(2) "We believe a subpoena is a sufficient court order under section 22.7(1) to allow a party to obtain possession of records to allow a court an opportunity to assess their relevancy and materiality." Poole v. Hawkeye Area Community Action Program, Inc., 666 N.W.2d 560 (Iowa 2003) (subpoena served on school district for student records in tenant action against landlord alleging exposure to lead poisoning).

b. Hospital records, medical records, and professional counselor records of the condition, diagnosis, care, or treatment of a patient or former patient or a counselee or former counselee, including outpatient. However, confidential communications between a crime victim and the victim's counselor are not subject to disclosure except as provided in §  915.20A. However, the Iowa department of public health shall adopt rules which provide for the sharing of information among agencies and providers concerning the maternal and child health program including but not limited to the statewide child immunization information system, while maintaining an individual's confidentiality. Iowa Code §  22.7(2).

(1) "Outpatient," as used in §  22.7(2), means one who is "treated at a clinic or dispensary connected with a hospital who is not a hospital inmate. (Citation)." Head v. Colloton, 331 N.W.2d 870, 874 (Iowa 1983).

(2) The identity of a potential bone marrow donor is a hospital record of the condition, diagnosis, care or treatment of a patient or former patient within the meaning of this section. Head, 331 N.W.2d at 876.

(3) But, documents filed in the office of the governor which pertain to the involuntary sterilization of a county home resident were public and not confidential hospital records within the meaning of the exemption because they were not maintained by the governor as hospital or physician records. Howard v. Des Moines Register & Tribune Co., 284 N.W.2d 289, 300 (Iowa 1979).

(4) Records pertaining to medical services, including the identity of doctors, nurses and hospitals receiving public funds for services performed, the number and kind of services performed, and statistical information about patients (so long as identity is not revealed) are not excluded from public examination. 78 Op. Att'y Gen. 677, 678 - 679 (September 20, 1978).

c. Trade secrets which are recognized and protected as such by law. Iowa Code §  22.7(3).

(1) "The custodian of such a record (computer program and data base), however, is required to keep it confidential if the record is a trade secret recognized and protected by law." Brown v. Iowa Legislative Council, 490 N.W.2d 551, 552 (Iowa 1992).

(2) "Business information may also fall within the definition of a trade secret, including such matters as maintenance of data on customer lists and needs, source of supplies, confidential costs, price data and figures." US West Communications Inc. v. Office of Consumer Advocate, 498 N.W.2d 711, 714 (Iowa 1993).

(3) "A trade secret is a process or device for continuous use in the operation of a business." Basic Chemicals Inc. v. Benson, 251 N.W.2d 220, 226 (Iowa 1977).

(4) Information concerning pre-arranged funeral plans which must be filed with the county attorney in the county where the plan is located pursuant to Iowa Code Chapter 523A is not protected as a trade secret. 83 Op. Att'y Gen. 70, 71 (July 18, 1983).

(5) But note, "[T]here is nothing in section 22.7 that suggests the legislature intended to limit the discovery rights of litigants in cases involving governmental entities." Mediacom Iowa, L.L.C. v. Incorporated City of Spencer, 682 N.W.2d 62, 69 (Iowa 2004) (cable company sued city and its utilities board for its actions in establishing a competing communications system and sought order compelling discovery of information concerning existing communications system).

(6) District court properly refused to enjoin the Iowa Department of Transportation (IDOT) from releasing test results on a manufacturer's temporary traffic signal to its competitor because the manufacturer did not show that IDOT's report was a confidential public record under Iowa Code ch. 22 as a trade secret under Iowa Code § 22.7(3) or as a report that would give the competitor an advantage under § 22.7(6). O.M.J.C. Signal, Inc. v. Iowa DOT, 2009 Iowa App. LEXIS 1645 (Iowa Ct. App. Dec. 17 2009).

d. Records which represent and constitute the work product of an attorney, which are related to litigation or claim made by or against a public body. Iowa Code §  22.7(4).

I.R.Civ.P. 122(c) provides in pertinent part that: "[A] party may obtain discovery of documents and tangible things otherwise discoverable . . . and prepared in anticipation of litigation or for trial by or for another party or by or for that other party's representative (including his attorney . . .) only upon a showing that the party seeking discovery has substantial need of the materials in the preparation of his case and that he is unable without undue hardship to obtain the substantial equivalent of the materials by other means."

No Iowa case discusses the issue of whether Rule 122(c) provides an exception to the confidentiality imposed by Section 22.7(4).

e. Peace officers' investigative reports, except where disclosure is authorized elsewhere in this code. However, the date, time, specific location, and immediate facts and circumstances surrounding a crime or incident shall not be kept confidential under this section, except in those unusual circumstances where disclosure would plainly and seriously jeopardize an investigation or pose a clear and present danger to the safety of an individual. Iowa Code §  22.7(5).

(1) Information about criminal activity which peace officers receive from third parties is confidential. State Ex Rel. Shanahan v. Iowa District Court, 356 N.W. 2d 523, 528 (Iowa 1984).

(2) "Daily logs" prepared at the direction of law enforcement agency heads are not protected under this section. 76 Op. Att'y Gen. 559, 561 (April 26, 1976).

(3) "Statements made by witnesses to peace officers investigating a motor vehicle accident to enable the officers to make their reports . . . [are public records]." Shannon By Shannon v. Hansen, 469 N.W.2d 412, 415 (Iowa 1991).

(4) But see, Hawk Eye v. Jackson, 521 N.W.2d 750 (Iowa 1994) (Privilege protecting peace officers' investigative reports and communications made to public officers in official confidence is qualified, and official claiming privilege must show that public officer is being examined, communication was made in official confidence, and public interest would suffer by disclosure).

(5) State must show public interest would suffer by disclosure of criminal investigative files; concerns about what might happen are insufficient to prevent disclosure. State v. Henderson, 2002 WL 987851 (Iowa App. 2002, unpublished).

(6) Summary judgment was properly granted to the State in a case relating to an open records request because video recordings, use of force reports, and pursuit reports were confidential and not subject to disclosure under Iowa Code § 22.7(5). The video recording was a report; moreover, the requested materials were investigatory and did not fall within the date, time, specific location, and immediate facts, and circumstances surrounding the crime exclusion. Neer v. State, 2011 Iowa App. LEXIS 154 (Iowa Ct. App. Feb. 23 2011).

f. Reports to governmental agencies which, if released, would give advantage to competitors and serve no public purpose. Iowa Code §  22.7(6).

(1) Custodians of production data from individual mines are in the best positions to judge when revelation of the data would give advantage or serve no public purpose. 73 Op. Att'y Gen. 55, 56 (February 23, 1973). The agency in possession of the information makes the preliminary decision. 79 Op. Att'y Gen. 224 (June 14, 1979).

(2) Past grant applications not confidential even though they would give advantage to competitor, because public funds were involved and public has interest in seeing how its money is spent. Northeast Council on Substance Abuse Inc. v. Iowa Dept. of Public Health, Div. of Substance Abuse, 513 N.W.2d 757, 760 (Iowa 1994).

(3) District court properly refused to enjoin the Iowa Department of Transportation (IDOT) from releasing test results on a manufacturer's temporary traffic signal to its competitor because the manufacturer did not show that IDOT's report was a confidential public record under Iowa Code ch. 22 as a trade secret under Iowa Code § 22.7(3) or as a report that would give the competitor an advantage under § 22.7(6). O.M.J.C. Signal, Inc. v. Iowa DOT, 2009 Iowa App. LEXIS 1645 (Iowa Ct. App. Dec. 17 2009).

g. Appraisals or appraisal information concerning the sale or purchase of real or personal property for public purposes, prior to the execution of any contract for such sale or the submission of the appraisal to the property owner or other interest holders as provided in section 6B.45.  Iowa Code §  22.7(7).

h. Iowa department of economic development information on an industrial prospect with which the department is currently negotiating. Iowa Code §  22.7(8).

i. Criminal identification files of law enforcement agencies. However, records of current and prior arrests and criminal history data shall be public records. Iowa Code §  22.7(9).

(1) Disclosure of prosecution witnesses' criminal records in a criminal case (beyond conviction list) is prohibited by this section. State v. Anderson, 410 N.W.2d 231, 235-236 (Iowa 1987).

(2) Iowa Code section 692.17(1) does not require criminal cases that ended in dismissal or acquittal to be removed from ICIS or the website Iowa Court Online.  Judicial Branch & State Court Adm'r v. Iowa Dist. Court for Linn County, 2011 Iowa Sup. LEXIS 50.

j. Personal information in confidential personnel records of government bodies relating to identified or identifiable individuals who are officials, officers, or employees of the government bodies. However, the following information relating to such individuals contained in personnel records shall be public records:

(1) The name and compensation of the individual including any written agreement establishing compensation or any other terms of employment excluding any information otherwise excludable from public information pursuant to this section or any other applicable provision of law. For purposes of this paragraph, "compensation" means payment of, or agreement to pay, any money, thing of value, or financial benefit conferred in return for labor or services rendered by an official, officer, or employee plus the value of benefits conferred including but not limited to casualty, disability, life, or health insurance, other health or wellness benefits, vacation, holiday, and sick leave, severance payments, retirement benefits, and deferred compensation.

(2) The dates the individual was employed by the government body.

(3) The positions the individual holds or has held with the government body.

(4) The educational institutions attended by the individual, including any diplomas and degrees earned, and the names of the individual's previous employers, positions previously held, and dates of previous employment.

(5) The fact that the individual was discharged as the result of a final disciplinary action upon the exhaustion of all applicable contractual, legal, and statutory remedies.

b. Personal information in confidential personnel records of government bodies relating to student employees shall only be released pursuant to 20 U. S. C. § 1232g.

Iowa Code §  22.7(11) (as amended in 2011 by Ia. SF 289)

NOTES re decisions construing § 22.7(11) prior to its amendment include the following, which may or may not be helpful in construing the current provision:

(1) This section applies only to personal information in confidential personnel records. City of Dubuque v. Telegraph Herald Inc., 297 N.W.2d 523, 526 (Iowa 1980). In determining whether information sought is personal information protected by right of privacy, balance public interest served by disclosure and private interest in protecting against invasion of privacy. Id. at 526-527, Applications for appointive city officer were not protected by this section. Id. at 527. But see Iowa Code §  22.7(18).

(2) Ordinarily, information which includes one's name, address, employer, education, training and experience is not considered "personal." 81 Op. Att'y Gen. 3, 5 (January 19, 1981).

(3) Adjudicator decisions concerning termination of teacher contracts are protected by this section. 79 Op. Att'y Gen. 115, 118 (April 27, 1991).

(4) Lists of state employees participating in deferred compensation plans are public records, but extent of individual participation in plans is personal and confidential. 74 Op. Att'y Gen. 430, 433 (February 27, 1974).

(5) This subsection has also been construed to make settlement agreements between public bodies and employees public records. Des Moines Independent Community School Dist. Public Records v. Des Moines Register & Tribune Co., 487 N.W.2d 666, 669 Iowa (1992) ("[T]he outstanding characteristic of the settlement agreement was the fact that public funds were being paid to settle a private dispute. We think the document was of the type the legislature designated for disclosure.").

(a) see also Iowa Code § 22.13 ("A written summary of the terms of settlement, including amounts of payments made to or through a claimant, or other disposition of any claim for damages made against a governmental body or against an employee, officer, or agent of a governmental body, by an insurer pursuant to a contract of liability insurance issued to the governmental body, shall be filed with the governmental body and shall be a public record.") (emphasis supplied).

(6) Decision to enjoin the city from releasing city employees' addresses, birth dates and gender affirmed. Clymer v. City of Cedar Rapids, 601 N.W.2d 42, 48 (Iowa 1999).

(7) Compensation allocated to and used by individual public employees, whether for salary, sick leave or vacation, is a matter of legitimate concern to the public. So long as the information disclosed does not reveal personal medical conditions or professional evaluations, the public has the right to examine it. Clymer v. City of Cedar Rapids, 601 N.W.2d 42, 48 (Iowa 1999).

k. Financial statements submitted to the department of agriculture and land stewardship pursuant to chapter 203 or chapter 203C, by or on behalf of a licensed grain dealer or warehouse operator or by an applicant for a grain dealer license or warehouse license. Iowa Code §  22.7(12).

l. The records of a library which, by themselves or when examined with other public records, would reveal the identity of the library patron checking out or requesting an item or information from the library. The records shall be released to a criminal or juvenile justice agency only pursuant to an investigation of a particular person or organization suspected of committing a known crime. The records shall be released only upon a judicial determination that a rational connection exists between the requested release of information and a legitimate end and that the need for the information is cogent and compelling. Iowa Code §  22.7(13).

(1) The requirements of particularity and the showing of a rational connection and need were added by amendment in 1984 to overcome the holding of the court in Brown v. Johnston, 328 N.W.2d 510 (Iowa 1983), allowing a county attorney access to library records through the vehicle of a "county attorney's subpoena" issued pursuant to I.R.Cr.P. 5(6).

m. The material of a library, museum or archive which has been contributed by a private person to the extent of any limitation that is a condition of the contribution. Iowa Code §  22.7(14).

n. Information concerning the procedures to be used to control disturbances at adult correctional institutions. Such information shall also be exempt from public inspection under §  17A.3. As used in this subsection disturbance means a riot or a condition that can reasonably be expected to cause a riot. Iowa Code §  22.7(15).

o. Information in a report to the Iowa department of public health, to a local board of health, or to a local health department, which identifies a person infected with a reportable disease. Iowa Code §  22.7(16).

(1) The list of "reportable diseases" is found at Iowa Admin. Code §  641-1.2(1).

p. Records of identity of owners of public bonds or obligations maintained as provided in §  76.10 or by the issuer of the public bonds or obligations. However, the issuer of the public bonds or obligations and a state or federal agency shall have the right of access to the records. Iowa Code §  22.7(17).

(1) See also, Iowa Code § 76.11, allowing access by state agencies.

q. Communications not required by law, rule, procedure, or contract that are made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. As used in this subsection, "persons outside of government" does not include persons or employees of persons who are communicating with respect to a consulting or contractual relationship with a government body or who are communicating with a government body with whom an arrangement for compensation exists. Notwithstanding this provision:

a. The communication is a public record to the extent that the person outside of government making that communication consents to its treatment as a public record.

b. Information contained in the communication is a public record to the extent that it can be disclosed without directly or indirectly indicating the identity of the person outside of government making it or enabling others to ascertain the identity of that person.

c. Information contained in the communication is a public record to the extent that it indicates the date, time, specific location, and immediate facts and circumstances surrounding the occurrence of a crime or other illegal act, except to the extent that its disclosure would plainly and seriously jeopardize a continuing investigation or pose a clear and present danger to the safety of any person. In any action challenging the failure of the lawful custodian to disclose any particular information of the kind enumerated in this paragraph, the burden of proof is on the lawful custodian to demonstrate that the disclosure of that information would jeopardize such an investigation or would pose such a clear and present danger. Iowa Code § 22.7(18).

(1) This section was added by amendment in 1984, subsequent to (and presumably in response to) the holding of the court in City of Dubuque v. Telegraph Herald Inc., 297 N.W.2d 523 (Iowa 1980).

(2) The purpose of this section, as amended, is "to permit public agencies to keep confidential a broad category of useful incoming communications which might not be forthcoming if subject to public disclosure." City of Sioux City v. Press Club, 421 N.W.2d 895, 898 (Iowa 1988).

(3) There are three exceptions to this rule of confidentiality: (a) consent of person making communication; (b) information which does not disclose, or allow others to ascertain the identity of the person making the communication; and (c) information indicating the date, time, specific location and immediate facts and circumstances surrounding the occurrence of a crime (unless disclosure would jeopardize a continuing investigation or endanger an individual).

(4) Pursuant to the provisions of this section, employment applications for appointive city office, disclosure of which is not authorized by the applicants, may be maintained with confidentiality by the lawful custodian. City of Sioux City v. Press Club, 421 N.W.2d at 899.

(5) Documents which can be redacted to protect the identity of outside sources must be made available. Des Moines Independent Community School District Public Records v. Des Moines Register & Tribune Company, 487 N.W.2d 666, 671 (Iowa 1992).

(6) Grant of summary judgment to a school district and its board in an action brought by a mother, on behalf of her minor child, for disclosing a sexual relationship between the minor and a school coach was affirmed because Iowa Code § 22.7(18) authorized disclosure of the immediate facts and circumstances surrounding the occurrence of a crime or illegal act. V.H. v. Hampton-Dumont Cmty. Sch. Dist., 2009 Iowa App. LEXIS 1721 (Iowa Ct. App. Dec. 30 2009)

r. Examinations, including but not limited to cognitive and psychological examinations for law enforcement officer candidates administered by or on behalf of a governmental body, to the extent that their disclosure could reasonably be believed by the custodian to interfere with the accomplishment of the objectives for which they are administered. Iowa Code §  22.7(19).

(1) See also, Iowa Code Chapter 228, limiting the circumstances under which mental health information may be disclosed.

s. Information concerning the nature and location of any archaeological resource or site if, in the opinion of the state archaeologist, disclosure of the information will result in unreasonable risk of damage to or loss of the resource or site where the resource is located. This subsection shall not be construed to interfere with the responsibilities of the federal government or the state historic preservation officer pertaining to access, disclosure, and use of archaeological site records. Iowa Code §  22.7(20).

t. Information concerning the nature and location of any ecologically sensitive resource or site if, in the opinion of the director of the department of natural resources after consultation with the state ecologist, disclosure of the information will result in unreasonable risk of damage to or loss of the resource or site where the resource is located. This subsection shall not be construed to interfere with the responsibilities of the federal government or the director of the department of natural resources and the state ecologist pertaining to access, disclosure, and use of the ecologically sensitive site records. Iowa Code §  22.7(21).

u. Reports or recommendations of the Iowa insurance guaranty association filed or made pursuant to §  515B.10, subsection 1, paragraph "a", subparagraph (2). Iowa Code §  22.7(22).

v. Information or reports collected or submitted pursuant to §  508C.12, subsections 3 and 5, and §  508C.13, subsection 2, except to the extent that release is permitted under those sections. Iowa Code §  22.7(23).

(1) Reports by the insurance commissioner to the board of directors of an insurance company that is alleged to be impaired or insolvent are confidential. Iowa Code §  508C.12.

w. Financial information, which if released would give advantage to competitors and serve no public purpose, relating to commercial operations conducted or intended to be conducted by a person submitting records containing the information to the department of agriculture and land stewardship for the purpose of obtaining assistance in business planning. Iowa Code §  22.7(25).

x. Applications, investigation reports, and case records of persons applying for county general assistance pursuant to §  252.25. Iowa Code §  22.7(26).

y. Marketing and advertising budget and strategy of a nonprofit corporation which is subject to this chapter. However, this exemption does not apply to salaries or benefits of employees who are employed by the nonprofit corporation to handle the marketing and advertising responsibilities. Iowa Code §  22.7(27).

z. The information contained in records of the centralized employee registry created in chapter 252G, except to the extent that disclosure is authorized pursuant to chapter 252G. Iowa Code §  22.7(28).

aa. Records and information obtained or held by independent special counsel during the course of an investigation conducted pursuant to §  68B.31A. Information that is disclosed to a legislative ethics committee subsequent to a determination of probable cause by independent special counsel and made pursuant to §  68B.31 is not a confidential record unless otherwise provided by law. Iowa Code §  22.7(29).

bb. Information contained in a declaration of paternity completed and filed with the state registrar of vital statistics pursuant to §  144.12A, except to the extent that the information may be provided to persons in accordance with §  144.12A. Iowa Code §  22.7(30).

cc. Memoranda, work products, and case files of a mediator and all other confidential communications in the possession of a mediator, as provided in chapters 86 and 216. Information in these confidential communications is subject to disclosure only as provided in § §  86.44 and 216.15B, notwithstanding any other contrary provision of this chapter. Iowa Code §  22.7(31).

Iowa Code §  679.12 permits disclosure of the facts and circumstances surrounding a dispute if a governmental body is a party to the mediation; and disposition of cases arising from criminal complaints referred by a court or prosecuting attorney. §  679.12 does not apply if the mediator has reason to believe a party has given perjured testimony.

dd. Social Security numbers of the owners of unclaimed property reported to the treasurer of state pursuant to §  556.11, subsection 2, included on claim forms filed with the treasurer of state pursuant to §  556.19, included in outdated warrant reports received by the treasurer of state pursuant to §  25.2, or stored in record systems maintained by the treasurer of state for purposes of administering chapter 556, or Social Security numbers of payees included on state warrants included in records systems maintained by the department of administrative services for the purpose of documenting and tracking outdated warrants pursuant to §  25.2. Iowa Code §  22.7(32).

ee. Data processing software, as defined in §  22.3A, which is developed by a government body. Iowa Code §  22.7(33).

ff. A record required under the Iowa financial transaction reporting Act listed in §  529.2, subsection 9. Iowa Code §  22.7(34).

gg. Records of the Iowa department of public health pertaining to participants in the gambling treatment program except as otherwise provided in this chapter. Iowa Code §  22.7(35).

hh. Records of a law enforcement agency or the state department of transportation regarding the issuance of a driver's license under §  321.189A. Iowa Code §  22.7(36).

ii. Mediation communications as defined in §  679C.102, except written mediation agreements that resulted from a mediation which are signed on behalf of a governing body. However, confidentiality of mediation communications resulting from mediation conducted pursuant to chapter 216 shall be governed by chapter 216. Iowa Code §  22.7(37).

jj. a. Records containing information that would disclose, or might lead to the disclosure of, private keys used in a digital an electronic signature or other similar technologies as provided in chapter 554D.

b. Records which if disclosed might jeopardize the security of an electronic transaction pursuant to chapter 554D. Iowa Code §  22.7(38).

kk. Information revealing the identity of a packer or a person who sells livestock to a packer as reported to the department of agriculture and land stewardship pursuant to §  202A.2. Iowa Code §  22.7(39).

ll. The portion of a record request that contains an internet protocol number which identifies the computer from which a person requests a record, whether the person using such computer makes the request through the IowAccess network or directly to a lawful custodian. However, such record may be released with the express written consent of the person requesting the record. Iowa Code §  22.7(40).

mm. Medical examiner records and reports, including preliminary reports, investigative reports, and autopsy reports. However, medical examiner records and reports shall be released to a law enforcement agency that is investigating the death, upon the request of the law enforcement agency, and autopsy reports shall be released to the decedent's immediate next of kin upon the request of the decedent's immediate next of kin unless disclosure to the decedent's immediate next of kin would jeopardize an investigation or pose a clear and present danger to the public safety or the safety of an individual. Information regarding the cause and manner of death shall not be kept confidential under this subsection unless disclosure would jeopardize an investigation or pose a clear and present danger to the public safety or the safety of an individual. Iowa Code §  22.7(41).

(1) Where a decedent committed suicide while divorce proceedings were pending, where the autopsy report was released to the decedent's wife, where his wife released only a redacted version to the decedent's mother, and where the decedent's mother filed suit against the county medical examiner to compel production of a complete copy of the autopsy report, the district court did not err in concluding that the mother was not entitled to compel production of the complete autopsy report because Iowa Code § 22.7(41) expressly exempted autopsy reports from disclosure except to the decedent's immediate next of kin; even though the decedent and his wife were estranged and in the process of obtaining a divorce, the wife remained the decedent's next of kin. Further, the district court did not err in rejecting the mother's contention that a wife who filed for divorce should not be considered next of kin because, even if the wife were discounted, the decedent's next of kin would be his children, not his mother. Simington v. Banwart, 2010 Iowa App. LEXIS 512 (Iowa Ct. App. May 26 2010).

nn. Information obtained by the commissioner of insurance in the course of an investigation as provided in §  523B.8 or 523C.23. Iowa Code §  22.7(42).

oo. Information obtained by the commissioner of insurance pursuant to §502.607. Iowa Code §  22.7(43).

pp. Information provided to the court and state public defender pursuant to section 13B.4, subsection 5; section 814.11, subsection 7; or section 815.10, subsection 5.  Iowa Code § 22.7(44)

qq. The critical asset protection plan or any part of the plan prepared pursuant to section 29C.8 and any information held by the homeland security and emergency management division that was supplied to the division by a public or private agency or organization and used in the development of the critical asset protection plan to include, but not be limited to, surveys, lists, maps, or photographs. However, the administrator shall make the list of assets available for examination by any person. A person wishing to examine the list of assets shall make a written request to the administrator on a form approved by the administrator. The list of assets may be viewed at the division's offices during normal working hours. The list of assets shall not be copied in any manner. Communications and asset information not required by law, rule, or procedure that are provided to the administrator by persons outside of government and for which the administrator has signed a nondisclosure agreement are exempt from public disclosures. The homeland security and emergency management division may provide all or part of the critical asset plan to federal, state, or local governmental agencies which have emergency planning or response functions if the administrator is satisfied that the need to know and intended use are reasonable. An agency receiving critical asset protection plan information from the division shall not redisseminate the information without prior approval of the administrator.  Iowa Code § 22.7(45)

rr. Military personnel records recorded by the county recorder pursuant to section 331.608.  Iowa Code § 22.7(46)

ss. A report regarding interest held in agricultural land required to be filed pursuant to chapter 10B.  .  Iowa Code § 22.7(47)

tt. Sex offender registry records under chapter 692A, except as provided in §  692A.13. Iowa Code §  22.7(48).

uu. Confidential information, as defined in § 86.45, subsection 1, filed with the workers' compensation commissioner. Iowa Code §  22.7(49).

vv. Information concerning security procedures or emergency preparedness information developed and maintained by a government body for the protection of governmental employees, visitors to the government body, persons in the care, custody, or under the control of the government body, or property under the jurisdiction of the government body, if disclosure could reasonably be expected to jeopardize such employees, visitors, persons, or property. 

a. Such information includes but is not limited to information directly related to vulnerability assessments; information contained in records relating to security measures such as security and response plans, security codes and combinations, passwords, restricted area passes, keys, and security or response procedures; emergency response protocols; and information contained in records that if disclosed would significantly increase the vulnerability of critical physical systems or infrastructures of a government body to attack.

b. This subsection shall only apply to information held by a government body that has adopted a rule or policy identifying the specific records or class of records to which this subsection applies and which is contained in such a record.

Iowa Code §  22.7(50).

ww. The information contained in the information program established in section 124.551, except to the extent that disclosure is authorized pursuant to section 124.553.  Iowa Code §  22.7(51).

xx. The following records relating to a charitable donation made to a foundation acting solely for the support of an institution governed by the state board of regents, to a foundation acting solely for the support of an institution governed by chapter 260C, to a private foundation as defined in section 509 of the Internal Revenue Code organized for the support of a government body, or to an endow Iowa qualified community foundation, as defined in section 15E.303, organized for the support of a government body:

(1) Portions of records that disclose a donor's or prospective donor's personal, financial, estate planning, or gift planning matters.

(2) Records received from a donor or prospective donor regarding such donor's prospective gift or pledge.

(3) Records containing information about a donor or a prospective donor in regard to the appropriateness of the solicitation and dollar amount of the gift or pledge.

(4) Portions of records that identify a prospective donor and that provide information on the appropriateness of the solicitation, the form of the gift or dollar amount requested by the solicitor, and the name of the solicitor.

(5) Portions of records disclosing the identity of a donor or prospective donor, including the specific form of gift or pledge that could identify a donor or prospective donor, directly or indirectly, when such donor has requested anonymity in connection with the gift or pledge. This subparagraph does not apply to a gift or pledge from a publicly held business corporation.

b. The confidential records described in paragraph "a", subparagraphs (1) through (5), shall not be construed to make confidential those portions of records disclosing any of the following:

(1) The amount and date of the donation.

(2) Any donor-designated use or purpose of the donation.

(3) Any other donor-imposed restrictions on the use of the donation.

(4) When a pledge or donation is made expressly conditioned on receipt by the donor, or any person related to the donor by blood or marriage within the third degree of consanguinity, of any privilege, benefit, employment, program admission, or other special consideration from the government body, a description of any and all such consideration offered or given in exchange for the pledge or donation.

c. Except as provided in paragraphs "a" and "b", portions of records relating to the receipt, holding, and disbursement of gifts made for the benefit of regents institutions and made through foundations established for support of regents institutions, including but not limited to written fund-raising policies and documents evidencing fund-raising practices, shall be subject to this chapter.

d. This subsection does not apply to a report filed with the ethics and campaign disclosure board pursuant to section 8.7.  Iowa Code §22.7(52)

yy. Information obtained and prepared by the commissioner of insurance pursuant to section 507.14.  Iowa Code §22.7(53)

zz. Information obtained and prepared by the commissioner of insurance pursuant to section 507E.5.  Iowa Code §22.7(54)

aaa. An intelligence assessment and intelligence data under chapter 692, except as provided in section 692.8A.  Iowa Code §22.7(55)

bbb. Individually identifiable client information contained in the records of the state database created as a homeless management information system pursuant to standards developed by the United States department of housing and urban development and utilized by the Iowa department of economic development.  Iowa Code §22.7(56)

ccc. The following information contained in the records of any governmental body relating to any form of housing assistance:

a. An applicant's social security number.

b. An applicant's personal financial history.

c. An applicant's personal medical history or records.

d. An applicant's current residential address when the applicant has been granted or has made application for a civil or criminal restraining order for the personal protection of the applicant or a member of the applicant's household.  Iowa Code §22.7(57)

ddd. Information filed with the commissioner of insurance pursuant to sections 523A.204 and 523A.502A.  Iowa Code §22.7(58)

eee. The information provided in any report, record, claim, or other document submitted to the treasurer of state pursuant to chapter 556 concerning unclaimed or abandoned property, except the name and last known address of each person appearing to be entitled to unclaimed or abandoned property paid or delivered to the treasurer of state pursuant to that chapter.  Iowa Code §22.7(59)

fff. Information in a record that would permit a governmental body subject to chapter 21 to hold a closed session pursuant to 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. Any portion of such a record not subject to this subsection, or not otherwise confidential, shall be made available to the public. After the governmental body has taken final action on the subject matter pertaining to the information in that record, this subsection shall no longer apply. This subsection shall not apply more than ninety days after a record is known to exist by the governmental body, unless it is not possible for the governmental body to take final action within ninety days. The burden shall be on the governmental body to prove that final action was not possible within the ninety-day period.  Iowa Code §22.7(60)

ggg. Records of the department on aging pertaining to clients served by the office of substitute decision maker.  Iowa Code §22.7(61)

hhh. Records of the department on aging pertaining to clients served by the elder abuse prevention initiative.  Iowa Code §22.7(62)

iii. Information obtained by the superintendent of credit unions in connection with a complaint response process as provided in section 533.501, subsection 3.  Iowa Code §22.7(63)

jjj. Information obtained by the commissioner of insurance in the course of an examination of a cemetery as provided in section 523I.213A, subsection 7.  Iowa Code §22.7(64)