141—3.10(2C,22) Disclosure without consent of subject.

1. 3.10(1)  Open records. Open records are routinely disclosed without the consent of the subject.

2. 3.10(2)  Confidential records. To the extent allowed by law, the agency may disclose confidential records without the consent of the subject of a confidential record. Following are instances where the agency may disclose confidential information without consent of the subject:

   1. a. Disclosure to those officers, employees, or agents of the agency who need the information in the performance of their duties. The custodian of the record shall determine what constitutes legitimate need to use the confidential information.
   2. b. Disclosure of information related to cases to complainants or other state or local governmental agencies, as appropriate to carry out the agency’s statutory functions. The agency may disclose the identities of complainants or witnesses who appear before the agency, if disclosure will facilitate an inquiry or investigation by the agency or enable the agency to sufficiently present its investigative findings and conclusions.
   3. c. Disclosure of any records, upon request, to the general assembly, any standing committee of the general assembly, or the governor, under Iowa Code section 2C.8, except that confidential information provided by other agencies shall not be disclosed.
   4. d. Release of critical reports, special reports, or annual reports to the general assembly or any of its committees, the governor, the news media, or interested members of the public.
   5. e. Disclosure of information to staff of federal and state entities for audit purposes or for purposes of determining whether the agency is operating a program lawfully.
   6. f. Disclosure of information indicating an apparent violation of the law to appropriate law enforcement authorities for investigations and possible criminal prosecution, civil court action, or regulatory order.
   7. g. Disclosure of information to the appropriate authorities concerning the conduct of any public official or employee which warrants disciplinary proceedings.
   8. h. Disclosure of information to a recipient who has given to the agency written assurance that the record will be used solely as a statistical research or reporting record, if the information is transferred in a form that does not identify the subject.
   9. i. Disclosure of information to an individual pursuant to a showing of compelling circumstances affecting the health or safety of any individual, provided that notice of the disclosure is first transmitted to the last-known address of the subject.
   10. j. Disclosure of information to the legislative services agency.
   11. k. Disclosure of information in the course of an employee disciplinary proceeding.
   12. l. Disclosure of information in response to a court order.

   13. m. Any disclosure of information specifically authorized by the statute under which the record was collected or maintained.

       [Adopted and published 10/26/16 pursuant to Iowa Code section 2C.9(5), effective 11/1/16]