State of Idaho
Office of Attorney General
Raúl R. Labrador
INTRODUCTION
Open government is the cornerstone of a free society. The Idaho
Legislature affirmed Idaho’s commitment to open government by enacting
the Idaho public records law in 1990. The public records law protects each
citizen’s right to monitor the actions of state and local government entities
by providing access to government records. The Legislature is continually
balancing the competing interests of public access and an individual’s right
to privacy, through its adoption and amendments to Idaho’s public records
law. This balance is achieved by exempting (from the disclosure
requirement) certain records, or portions thereof.
In 2015, the Legislature re-codified the public records law to provide
one place for citizens to find laws relating to government transparency.
Those changes are incorporated in this new edition of the Idaho Public
Records Law Manual.
One of my duties as Attorney General is to encourage compliance
with the Idaho public records law by agencies and officials of state
government. The 44 elected county prosecuting attorneys have the same
duty with regard to agencies and officials of local government. I am
committed to ensuring that public documents are accessible to the public.
Toward that end, my office regularly conducts training sessions for state
and local officials throughout Idaho.
The Idaho public records law provides for private enforcement.
Where an individual or organization is improperly denied access to public
records, it is up to the individual to challenge the government agency’s
refusal to provide access to the record.
Effective private enforcement can occur only when citizens
understand their rights. The Office of the Attorney General prepared this
manual to educate citizens, the news media and government employees
about the public records law. I hope this manual helps in avoiding
misunderstandings and protecting the public’s legitimate access to
government records.
If you have further questions, feel free to call your city or county
prosecuting attorney.
Sincerely,
RAÚL R. LABRADOR
Attorney General
TABLE OF CONTENTS
QUESTIONS AND ANSWERS ............................................................. 1
PURPOSE ................................................................................................ 1
THE STRUCTURE OF THE IDAHO PUBLIC RECORDS LAW ........................ 1
PUBLIC BODIES OR AGENCIES COVERED BY THE PUBLIC
RECORDS LAW ................................................................................ 1
RECORDS COVERED BY THE LAW ........................................................... 5
RECORDS EXEMPT FROM DISCLOSURE ................................................. 10
PROCEDURE FOR REQUESTING PUBLIC RECORDS ................................. 14
DENIAL OF A REQUEST FOR PUBLIC RECORDS ..................................... 16
PROTEST OF A DENIAL OF A REQUEST FOR PUBLIC RECORDS .............. 17
INSPECTION AND AMENDMENT OF RECORDS PERTAINING TO AN
INDIVIDUAL................................................................................... 19
PENALTIES FOR BAD FAITH NONCOMPLIANCE; IMMUNITY .................. 20
THE STATUTE ..................................................................................... 21
SUMMARY OF DECISIONS INTERPRETING THE IDAHO
PUBLIC RECORDS STATUTE .......................................................... 65
REPORTED DECISIONS .......................................................................... 65
UNREPORTED DECISIONS ..................................................................... 66
ATTORNEY GENERAL’S OFFICE ANALYSES .......................................... 68
SAMPLE LETTERS ............................................................................. 69
SAMPLE EMAIL REQUEST ..................................................................... 69
SAMPLE FORM REQUEST ...................................................................... 70
SAMPLE 10 DAY EXTENSION LETTER ................................................... 71
SAMPLE DENIAL LETTER ...................................................................... 72
IDAHO PUBLIC RECORDS LAW
QUESTIONS AND ANSWERS
PURPOSE
Question No. 1: What is the purpose of the Idaho public records law?
Answer: The intent of the law is that all records maintained by state
and local government entities be available for public access and
copying. At the same time, the Legislature recognized the need to
balance this policy of openness against the equally important need for
privacy of certain information provided by citizens and businesses
that is necessary for the conduct of the government’s business.
1
This
balance is contained in Idaho Code § 74-102, which states that “all
public records in Idaho are open at all reasonable times for inspection
except as otherwise expressly provided by statute.”
THE STRUCTURE OF THE IDAHO PUBLIC RECORDS LAW
Question No. 2: What does the Idaho public records law provide?
Answer: The law includes definitions and a simple, uniform
procedure for inspection and copying of records. Sections 74-104
through 74-111 list the records that are exempt from disclosure.
2
Finally, more than one hundred sections of existing Idaho Code
relating to confidentiality of records are cross-referenced to the law.
PUBLIC BODIES OR AGENCIES COVERED BY THE PUBLIC
RECORDS LAW
Question No. 3: What government entities are subject to the public
records law?
Answer: The law applies to all “public agencies.” Public agency is
defined as any state or local agency.
3
“Local agency,” includes “a county, city, school district,
municipal corporation, district, public health district, political
1
Idaho Code § 74-102.
2
Idaho Code §§ 74-104 to 74-111.
3
Idaho Code § 74-101(11).
Idaho Public Records Law Manual
subdivision, or any agency thereof, or any committee of a local
agency, or any combination thereof.”
4
“State agency,” includes “every state officer, department,
division, bureau, commission and board or any committee of a state
agency including those in the legislative or judicial branch, except the
state militia and the Idaho state historical society library and
archives.”
5
Thus, essentially every entity of state and local government is
expected to comply with the Idaho public records law.
Question No. 4: Does the public records law apply to the Governor,
the Legislature, and the Judiciary?
Answer: Yes. The definition of “state agency” includes all of the
above. The only state entity omitted from coverage of the law is the
military division of the governor’s office.
6
Question No. 5: Are law enforcement entities treated differently by
the public records law?
Answer: Yes, to some extent. Section 74-124, relating to the
investigatory records of law enforcement agencies, has been in effect
since 1986 and is incorporated into the Public Records Law.
7
It
contains the standards under which certain information may be
released to the public. Sections 74-124(1) through 74-124(4) provide:
74-124. Exemptions from disclosure – Confidentiality.
(1) Notwithstanding any statute or rule of court to the contrary,
nothing in this chapter nor chapter 10, title 59, Idaho Code, shall be
construed to require disclosure of investigatory records compiled for
law enforcement purposes by a law enforcement agency, but such
exemption from disclosure applies only to the extent that the
production of such records would:
(a) Interfere with enforcement proceedings;
4
Idaho Code § 74-101(8).
5
Idaho Code § 74-101(15).
6
Id.
7
Idaho Code § 74-105(1).
Idaho Public Records Law Manual
(b) Deprive a person of a right to a fair trial or an
impartial adjudication;
(c) Constitute an unwarranted invasion of personal
privacy;
(d) Disclose the identity of a confidential source
and, in the case of a record compiled by a criminal law
enforcement agency in the course of a criminal investigation,
confidential information furnished only by the confidential
source;
(e) Disclose investigative techniques and
procedures;
(f) Endanger the life or physical safety of law
enforcement personnel; or
(g) Disclose the identity of a reporting party
maintained by any law enforcement entity or the department
of health and welfare relating to the investigation of child
abuse, neglect or abandonment unless the reporting party
consents in writing to the disclosure or the disclosure of the
reporting party’s identity is required in any administrative or
judicial proceeding.
(2) Notwithstanding subsection (1) of this section, any person
involved in a motor vehicle collision which is investigated by a law
enforcement agency, that person’s authorized legal representative and
the insurer shall have a right to a complete, unaltered copy of the
impact report, or its successors, and the final report prepared by the
agency.
(3) An inactive investigatory record shall be disclosed unless
the disclosure would violate the provisions of subsection (1)(a)
through (g) of this section. Investigatory record as used herein means
information with respect to an identifiable person or group of persons
compiled by a law enforcement agency in the course of conducting an
investigation of a specific act or omission and shall not include the
following information:
(a) The time, date, location, and nature and description of a
reported crime, accident or incident;
Idaho Public Records Law Manual
(b) The name, sex, age, and address of a person arrested,
except as otherwise provided by law;
(c) The time, date, and location of the incident and of the
arrest;
(d) The crime charged;
(e) Documents given or required by law to be given to the
person arrested;
(f) Informations and indictments except as otherwise
provided by law; and
(g) Criminal history reports.
office of the attorney general, the office of the state controller, the
Idaho state police, the office of any prosecuting attorney, sheriff or
municipal police department.
(4) Whenever it is made to appear by verified petition to the
district court of the county where the records or some part thereof are
situated that certain investigative records are being improperly
withheld from a member of the public, the court shall order the officer
or person charged with withholding the records to disclose the
investigative record or show cause why he should not do so. The court
shall decide the case after examining the record in camera, papers filed
by the parties, and such oral argument and additional evidence as the
court may allow.
If the court finds that the public official’s decision to refuse
disclosure is not justified, he shall order the public official to make
the record public. If the judge determines that the public official was
justified in refusing to make the record public, he shall return the item
to the public official without disclosing its content with an order
supporting the decision refusing disclosure. Any person who fails to
obey the order of the court shall be cited to show cause why he is not
in contempt of court. The court may, in its discretion, award costs and
fees to the prevailing party.
8
Other entities with law enforcement responsibilities, such as the
Department of Fish and Game, have the same confidentiality
8
Idaho Code §§ 74-124(1-4).
Idaho Public Records Law Manual
standards.
9
“Law enforcement agency” is defined as any state or local
agency that is “given law enforcement powers or which has authority
to investigate, enforce, prosecute or punish violations of state or
federal criminal statutes, ordinances or regulations.”
10
For further
discussion of this topic, see Attorney General Opinion No. 86-7.
11
Idaho Code now allows the Department of Health and Welfare to
disclose records of investigations associated with actions pursuant to
the provisions of title 16, chapter 16. This disclosure may occur if it
is for reasons of health and safety, in the best interests of the child, or
in the public interest. Records dealing with adoptions, however,
remain exempt from disclosure.
12
RECORDS COVERED BY THE LAW
Question No. 6: What are public records?
Answer: “Public record,” as defined by the Idaho Code, is an
extremely broad concept.
13
It “includes, but is not limited to, any
writing containing information relating to the conduct or
administration of the public’s business prepared, owned, used or
retained by any state agency, independent public body corporate and
politic or local agency regardless of physical form or characteristics.
Provided, however, that personal notes created by a public official
solely for his own use shall not be a public record as long as such
personal notes are not shared with any other person or entity.”
14
“Writing” means information maintained in many forms,
including typewritten or hand written documents as well as pictures,
maps, tapes, magnetic or punched cards, and computer media.
15
In 1990, the Idaho Supreme Court held that the Boundary County
clerk’s handwritten notes taken during commission meetings were not
“a personal notation for random observations or memoranda
concerning events undertaken at a meeting,” but were part of her
statutory duty to record all proceedings of the commissioners.
16
9
Idaho Code § 74-105(1).
10
Idaho Code § 74-101(7).
11
1986 Idaho Att’y Gen. Ann. Rpt. 40.
12
Idaho Code § 74-105(7).
13
Idaho Code § 74-101(13).
14
Id.
15
Idaho Code § 74-101(17).
16
Fox v. Estep, 118 Idaho 454 (1990).
Idaho Public Records Law Manual
“Working papers,” “raw notes,” “preliminary drafts” and the like are
not necessarily exempt from disclosure.
17
To date, e-mail (electronic mail) and text messaging have not
been separately addressed by the Legislature. E-mail and texts are
considered public records and are subject to the same laws as any
other public record.
Consistent with the law’s intent – to provide access to existing
records, nothing in the public records law requires the creation of a
record in order to provide it.
18
Question No. 7: Who are the custodians of public records?
Answer: “Custodian” is defined as the “person having personal
custody and control of the public records in question.”
19
“Public
agencies shall designate at least one (1) person as custodian to receive
public records requests and shall provide an alternate custodian or
alternative custodians for contingencies.”
20
Question No. 8: What responsibility does the public agency have for
providing access to records?
Answer: The right to inspect and to receive a copy of public records
at all reasonable times is absolute unless the record is exempt from
disclosure by law.
21
In addition, public agencies are required to
extend reasonable comfort and facility to the individual requesting
public records.
22
The concept of a “copy” of a public record is comprehensive,
including “transcribing by handwriting, photocopying, duplicating
machine and reproducing by any other means so long as the public
record is not altered or damaged.”
23
Additionally, a certified copy, if
feasible to produce, must be provided upon request.
24
A public agency may not refuse access to records “by contracting
with a nongovernmental body to perform any of its duties or
17
Id. at 456.
18
See Idaho Code §§ 74-101(13), 74-102.
19
Idaho Code § 74-101(3).
20
Idaho Code §74-119.
21
Idaho Code § 74-102(1).
22
Idaho Code § 74-102(6).
23
Idaho Code § 74-101(2).
24
Idaho Code § 74-102(3).
Idaho Public Records Law Manual
functions.”
25
Furthermore, public agencies are required, without
exception, to separate exempt information from records when a
request is made, and to provide access to the nonexempt material.
26
Agencies are prohibited from denying requests because a record
contains both exempt and nonexempt information.
27
The law does not require the agency to provide copies of records
in a format not used by the agency in the normal course of business.
28
For example, the agency need not alphabetize information upon
request, or engage the services of a computer programmer to provide
the information in a format desired by the requesting party.
Question No. 9: Does the public agency have a responsibility to
protect the integrity of records?
Answer: Yes. In Adams County Abstract Co. v. Fisk, a title company
wanted to set up its own copier in the county offices in order to make
its own records of title documents. There was also a dispute about
allowing the title company to copy original documents with its own
equipment prior to the microfilming of the records. The Idaho Court
of Appeals held that the county recorder could not be compelled to
allow private photocopying of public records in the courthouse, that
he could reasonably restrict the physical handling of original
documents, and he could require that the county’s copying equipment
be used.
29
The concepts of the Adams County case were preserved in the
public records law.
30
The Idaho Code provides the right to examine
public records “at all reasonable times,” and the right to receive
photographs or other copies “using equipment provided by the public
agency or independent public body corporate and politic or using
equipment designated by the custodian.”
31
By this language, the
Legislature determined that the public agency may decide, for
example, what degree of access would be allowed to its computer
system. The Idaho Code also provides that, “[n]othing herein
25
Idaho Code § 74-102(13).
26
Idaho Code § 74-112.
27
Id.
28
See Idaho Code § 74-103(1) (agency may determine it is necessary to convert
record into different format, but law does not require agency to provide record in
requested format).
29
Adams County Abstract Co. v. Fisk, 117 Idaho 513 (Ct.App. 1990).
30
Idaho Code §§ 74-102(1-2).
31
Id.
Idaho Public Records Law Manual
contained shall prevent the custodian from maintaining such vigilance
as is required to prevent alteration of any public record while it is
being examined.”
32
Question No. 10: For how long must a public record be retained?
Answer: Idaho’s cities
33
and counties
34
are governed by statutes that
define how records should be classified and retained, as well as the
procedure for destruction of public records. State agencies should
adopt policies that are consistent with best business practices and
generally accepted principles of accounting to classify and retain
records. Record retention policies and procedures shall remain
consistent with the principles of the Idaho public records law.
Question No. 11: How do I make a public records request?
Answer: A public agency or independent public body corporate and
politic may require that a request for public records be submitted to it
in writing that specifically describes the subject matter and records
sought, including a specific date range for when the records sought
were created. The requesting party shall be as specific as possible and
provide sufficient detail when requesting records to enable the public
body to locate such records with reasonable effort. This writing
typically must provide the requester’s name, mailing address, e-mail
address and telephone number. A request for public records and
delivery of the public records may be made by electronic mail.
35
Question No. 12: When I make a public records request, what type
of response should I expect?
Answer: The public agency or independent public body corporate
and politic may provide the requester information to help the requester
narrow the scope of the request or to help the requester make the
request more specific when the response to the request is likely to be
voluminous or require payment as provided in section 74-102(10),
Idaho Code.
36
32
Idaho Code § 74-102(7).
33
Idaho Code § 50-907.
34
Idaho Code § 31-871.
35
Idaho Code § 74-102(4).
36
Idaho Code § 74-102(9).
Idaho Public Records Law Manual
Question No. 13: What fees may be charged for the cost of copying
public records?
Answer: The concept of the law is that examination and copying of
public records is part of the public business, already funded by
taxpayers. An agency may establish a copying fee schedule, which
“may not exceed the actual cost to the agency of copying the record .
. . .”
37
The section contains an exception to preserve fees already
established by other laws, such as recorders’ fees and fees for court
records.
38
Some state and local agencies provide information in the form of
computer tapes and disks. The law permits charging for the “direct
cost of copying the information in that form.”
39
The language of the
law regarding the cost of providing computer or similar records is
rendered somewhat unclear, however, by language, which also allows
the agency to collect “the standard cost, if any, for selling the same
information in the form of a publication.”
40
It is the belief of the
attorney general’s office that this language permits a public agency to
offer the requested information in an already-printed publication, and
to charge the standard cost of selling the publication.
Question No. 14: May the agency recover the cost of mailing or faxing
copies of public records?
Answer: The law requires an agency to provide public records to
members of the public; the agency is not required to send the records
to the person making the request. The law does not prevent the
recovery of actual mailing or telecommunications costs if there is a
request to mail or fax information to someone.
Question No. 15: What fees may be charged for any labor costs
incurred in locating, redacting, copying, and providing access to
public records?
Answer: Agencies may establish a fee to recover such labor costs for
voluminous or complex requests, or requests that involve locating
archival information.
41
37
Idaho Code § 74-102(10)(c).
38
Idaho Code § 74-102(10)(e).
39
Idaho Code § 74-102(10)(d)(i).
40
Idaho Code § 74-102(10)(d)(ii).
41
Idaho Code § 74-102(10).
Idaho Public Records Law Manual
In addition, if an agency must incur additional expense to provide
access to records during other than normal working hours, or requires
the services of outside contract copying companies, or overtime on the
part of its own employees, the agency may require advance payment
to compensate for this additional expense.
42
Question No. 16: Are all members of the public required to pay
copying fees and labor costs?
Answer: Agencies are allowed to waive any cost or fee for copies or
labor when the requester demonstrates an inability to pay, when the
request “[i]s not primarily in the individual interest of the requester
including, but not limited to, the requester’s interest in litigation in
which the requester is or may become a party,” and “demonstrates that
the requester’s examination and/or copying of public records [i]s
likely to contribute significantly to the public’s understanding of the
operations or activities of the government.”
43
Question No. 17: May the agency require advance payment of fees?
Answer: Agencies are allowed to require advance payment of the
costs of copying and labor costs.
44
RECORDS EXEMPT FROM DISCLOSURE
Question No. 18: What information is exempt from disclosure under
the law?
Answer: With the exception of section 74-124, relating to law
enforcement records, most exemptions from disclosure in the public
records law are contained in Idaho Code sections 74-104 through 74-
111. Even if an exemption applies to a record, the law does not
prevent the disclosure of statistical information that identifies a
particular person, unless such disclosure is otherwise prohibited by
law.
45
It must be noted that nothing in the law limits the availability of
documents and records for discovery in the normal course of judicial
or administrative adjudicatory proceedings, subject to the law and
42
Idaho Code § 74-102(8).
43
Idaho Code § 74-102(10)(f).
44
Idaho Code § 74-102(12).
45
Idaho Code § 74-102(14).
Idaho Public Records Law Manual
rules of evidence and of discovery governing such proceedings.
46
Idaho Code section 3-201(5) codifies the attorney client privilege.
As identified within the public records law, Idaho Code section 74-
104(1) expressly exempts records recognized by other state laws such
as this one. Additionally, the attorney-client privilege is well-
recognized in state and federal case law. Exclusion of records falling
under the privilege is consistent with the public records law
47
and
established precedent.
A number of provisions in the public records law exclude records
of a personal nature, but with fairly specific qualifiers.
48
Also, all information exchanged between the Idaho
Transportation Department and insurance companies, any database
created, all information contained in the verification system and all
reports, responses or other information generated for the purposes of
the verification system are now exempt from disclosure.
49
Question No. 19: What are the law’s requirements relating to
employee or personnel records?
Answer: There is one standard for disclosure of personnel
information for all public employers: required disclosure of a current
or former employee’s or public official’s “employment history,
classification, pay grade and step, longevity, gross salary and salary
history, including bonuses, severance packages, other compensation
or vouchered and unvouchered expenses for which reimbursement
was paid, status, workplace and employing agency.”
50
The
Legislature acknowledges that there is some loss of privacy when one
accepts a position supported by public money.
All other information in an employee’s or applicant’s personnel
file is not available to the public without the written consent of the
individual to whom the file pertains. Thus, information of a more
personal nature, including home addresses, phone numbers, social
security and driver’s license numbers, grievance information and the
like is not normally disclosed.
46
Idaho Code § 74-115(3).
47
See Idaho Code §§ 74-104(1), 74-105(18), 74-107(11).
48
See Idaho Code §§ 74-106(4), (6), (8), (28), (33).
49
Idaho Code § 74-106(31).
50
Idaho Code § 74-106(1).
Idaho Public Records Law Manual
All information in an employee’s file is accessible to the
employee or a designated representative, except for “material used to
screen and test for employment.”
51
A similar exemption relating to
test questions in licensing, employment, academic or other
examination situations is in place to protect the integrity of the test
results.
52
In addition, there is a section of the Idaho Code that pertains only
to school district employees.
53
This section contradicts, to some
extent, the provisions of the public records law on employee records,
and provides, in part:
Personnel files are declared to be confidential and
excepted from public access under any provision of
the Idaho Code, including, but not limited to,
sections 74-102 and 59-1009, Idaho Code,
provided that each employee or designated
representative shall be given access to his own
personnel file upon request and shall be provided
copies of materials contained therein, with the
exception of recommendation letters, in a timely
manner upon request.
54
Question No. 20: Does the exemption restricting disclosure of most
information in a public employee’s personnel file apply to applicants
for public employment?
Answer: It depends. The exemption covers “[a]ll other personnel
information relating to a public employee or applicant . . . .”
55
In Federated Publications v. Boise City, the Idaho Supreme Court
distinguished the terms “public official” and “public employee,”
holding that applications and résumés submitted by applicants for a
vacant city council seat are subject to disclosure.
56
However, in
Federated Publications, Inc. v. City of Meridian, the Fourth District
ruled that the résumés of applicants for an appointed public office do
not need to be disclosed under the public records law.
57
Thus,
51
Id.
52
Idaho Code § 74-108(6).
53
Idaho Code § 33-518.
54
Id.
55
Idaho Code § 74-106(1).
56
Federated Publications v. Boise City, 128 Idaho 459 (1996).
57
Federated Publications v. City of Meridian, Case No. CV OC 97 06708D.
Idaho Public Records Law Manual
résumés for a vacant elected office are likely subject to disclosure
while those for an unelected employee may not be.
Question No. 21: What are the law’s requirements regarding
distributing, selling or using lists of persons for mailing or telephone
number lists?
Answer: Agencies are prohibited from distributing or selling, for use
as a mailing or telephone number list, any list of persons without first
securing the permission of those on the list.
58
Moreover, no list of
persons prepared by an agency can be used as a mailing or telephone
number list except by the agency or another agency, without first
securing permission of those on the list.
59
Individuals, however, are not prevented from compiling a mailing
or telephone number list through their own research by copying public
records, original documents or applications, which are otherwise open
to public inspection.
60
Certain agencies and types of records do not fall within the
general prohibition: (1) lists of registered electors and lists of names
of employees who are within the state of Idaho personnel systems; (2)
agencies that issue occupational or professional licenses; (3) public
records dealing with motor vehicle registration; (4) certain corporate
information lists developed by the secretary of state, business
information lists developed by the department of agriculture used to
promote food and agricultural products produced in Idaho; (5) lists
used for ordinary utility purposes which are requested by a supplier of
utility services in the state; (6) lists to be used to give notice required
by any statute, ordinance, rule, law or by any governing agency; (7)
student directory information used for military recruiting purposes.
61
There are civil penalties in an amount not in excess of one
thousand dollars ($1,000) to be awarded against a person or public
official who has deliberately and in bad faith violated the provisions
of section 74-120(1)(a) or 74-120(1)(b).
62
58
Idaho Code § 74-120(1)(a).
59
Idaho Code § 74-120(1)(b).
60
Idaho Code § 74-120(2).
61
Idaho Code §§ 74-120(3-9).
62
Idaho Code § 74-120(11).
Idaho Public Records Law Manual
Question No. 22: May a governmental entity refuse to disclose
administrative investigative reports prepared in anticipation of
litigation at the direction of its attorney?
Answer: Yes.
63
The Idaho Supreme Court, however, recognized that
if the report is merely summarized information that is available in
other disclosed public records, it may not be protected from
disclosure. If, on the other hand, the record contains information
regarding personnel information exempt under Idaho law, or is
compiled at the direction of the agency’s attorney in anticipation of
litigation, the entire record may be exempt from disclosure.
PROCEDURE FOR REQUESTING PUBLIC RECORDS
Question No. 23: Must an individual fill out a written request for
inspection or copying of public records?
Answer: Agencies are permitted to require requests for access to
public documents be made in writing that specifically describes the
subject matter and records sought, including a specific date range for
when the records sought were created.
64
If a written request is
required by the public agency, the individual may be required to
provide a mailing address and telephone number.
65
This information
may assist the public agency to clarify a request and provide a
document as soon as possible.
Question No. 24: Who is a public records request made to?
Answer: Under Idaho Code section 74-103(1), all requests for public
records must be made to the designated custodian. Under the law,
public agencies are required to designate a custodian to whom public
records requests must be addressed. If the agency has not designated
a custodian, the request may be made of any employee of the public
agency. Failure to address a public records request to the custodian
63
Idaho Code § 74-105(8).
64
Idaho Code § 74-102(4).
65
Id.
Idaho Public Records Law Manual
ay result in a public records request not being responded to and
without penalty to the public agency.
Question No. 25: May the agency ask the purpose of the request?
Answer: Public agencies generally are not allowed to ask why a
person wants public records.
66
Moreover, “[t]he custodian shall not
review, examine or scrutinize any copy, photograph or memoranda in
the possession of any such person. . . .”
67
Nevertheless, legislators did expect that requests for documents
could be discussed. For example, without inquiring why an individual
is making a request, a custodian could explain exactly what
information is available and allow the person to examine nonexempt
documents, so that the person would be better able to describe the
requested records.
68
Further, an inquiry by the agency is allowed in
order to make sure its information is not to be used as a mailing or
phone list.
69
Question No. 26: What are the time limits for a public agency to
respond to a request for information?
Answer: The intent of the law is that documents be provided upon
request whenever possible. A public agency has three (3) working
days from the date of the receipt of the request to grant or deny the
information.
70
However, public agencies should not delay three days
to provide information that is readily available.
Employees of the public agency are allowed to determine that a
longer period of time is needed to locate or retrieve information, notify
the individual in writing that more time is needed, and then grant or
deny the request in whole or in part within ten (10) working days
following the request.
71
The Legislature believed that these time
periods would be adequate in the vast majority of cases, and that
individuals would understand that agencies might occasionally need
additional time to respond.
66
Idaho Code § 74-102(5).
67
Idaho Code § 74-102(6).
68
Idaho Code § 74-102(9).
69
Idaho Code § 74-102(5)(b).
70
Idaho Code § 74-103(2).
71
Id.
Idaho Public Records Law Manual
Question No. 27: What happens if the agency does not respond?
Answer: If there is no response to the request, it shall be deemed to
be denied within ten (10) working days following the request.
72
The
180-day period to seek court relief begins at that point.
73
DENIAL OF A REQUEST FOR PUBLIC RECORDS
Question No. 28: Who determines if a request for records must be
denied?
Answer: “[T]he person legally responsible for administering the
public agency or independent public body corporate and politic or that
person’s designee” will determine if a request is to be denied in whole
or in part.
74
The public agency is also encouraged to have an attorney
review the request if the information appears to be exempt from
disclosure.
75
Question No. 29: Must a public agency provide a written denial?
Answer: Yes. It is required that a written denial be provided to the
individual requesting the information.
76
However, failure to respond
in writing does not extend the time period for response. It is deemed
denied after 10 days.
77
Question No. 30: What information must a public agency provide if a
request is denied?
Answer: The written denial for all or part of a request for information
must state the statutory authority for the denial, and include a clear
statement of the right to appeal and the time for doing so.
78
In addition, it is also required that the public agency state “that
the attorney for the public agency or independent public body
corporate and politic has reviewed the request or shall state that the
public agency or independent public body corporate and politic has
had an opportunity to consult with an attorney regarding the request
72
Idaho Code § 74-103(3).
73
Idaho Code § 74-115(1).
74
Idaho Code § 74-103(4).
75
Idaho Code § 74-103(5).
76
Idaho Code § 74-103(2).
77
Idaho Code § 74-103(3).
78
Idaho Code § 74-103(5).
Idaho Public Records Law Manual
for examination or copying of a record and has chosen not to do so.”
79
It is the opinion of the attorney general’s office that the only
legitimate reason for the agency not to consult with an attorney is that
the exemption from disclosure is clear. If that is the case, the letter of
denial should so state. Above all, if there is any doubt about whether
the information is exempt from disclosure, it is imperative that the
public agency seek legal advice.
Question No. 31: What happens to the requested records if access has
been denied?
Answer: The public agency must retain the documents in question
until the end of the 180-day period, until a decision has been issued
by the court on an appeal, or for a longer period if required by any
other law.
80
Question No. 32: When a public agency or public official is a party to
a proceeding governed by the rules of discovery, may another party to
the litigation use the public records law to obtain records instead of
complying with the discovery process?
Answer: No. The public records law is not “available to supplement,
augment, substitute or supplant discovery procedures” in any criminal
appeal, post-conviction civil action, federal or state civil action, or
other administrative process governed by the rules of discovery.
81
PROTEST OF A DENIAL OF A REQUEST FOR PUBLIC
RECORDS
Question No. 33: What recourse does an individual have if a request
for public records is denied?
Answer: A person aggrieved by the denial of a request for records is
authorized to file a petition in the district court of the county where
the records or some part of them are located. The petition to compel
disclosure of the records must be filed within 180 days from the date
of mailing of the denial notice.
82
79
Id.
80
Idaho Code § 74-115(2).
81
Idaho Code § 74-115(3).
82
Idaho Code § 74-115(1).
Idaho Public Records Law Manual
Question No. 34: Must public agency appeal processes also be
followed?
Answer: No. Some public agencies have internal administrative
appeal processes that must normally be followed before an appeal can
be taken to court. However, the Legislature determined that there
should be one uniform appeal procedure regarding public records.
The “sole remedy” for denial of a request is the court process
described in the public records law.
83
Question No. 35: What happens once a petition is filed?
Answer: The court must set a time for the public agency to file a
response and for a hearing at the earliest possible time, not later than
twenty-eight (28) calendar days after the petition is filed.
84
The court then has the discretion to examine the documents in
chambers, and shall consider the written and oral presentations from
the individual requesting the record, as well as those from the public
agency.
If the court finds that the records are not exempt from disclosure,
the public agency will be required to make them available. If the court
finds in favor of the public agency, the records will be returned to the
public agency without being disclosed to the individual requesting
them.
Question No. 36: May attorney fees and costs be awarded by the
court?
Answer: Yes, under certain circumstances. The award of reasonable
costs and attorney fees is provided to whichever party prevails, if the
court “finds that the request or refusal to provide records was
frivolously pursued.”
85
83
Id.
84
Id.
85
Idaho Code § 74-116(2).
Idaho Public Records Law Manual
INSPECTION AND AMENDMENT OF RECORDS PERTAINING
TO AN INDIVIDUAL
Question No. 37: Do individuals have a right to inspect records that
pertain to themselves?
Answer: Yes, with some exceptions. Inspection and copying of
records pertaining to oneself is permitted, “even if the record is
otherwise exempt from public disclosure.” However, there exist some
limitations on that access: otherwise exempt investigatory records of
a public agency or independent public body corporate and politic if
the investigation is ongoing; information that is compiled in
reasonable anticipation of a civil action or proceeding, which is not
otherwise discoverable; the information relates to adoption records;
information which is otherwise exempt from disclosure by statute or
court rule; and records of a prisoner maintained by the state or local
agency having custody of the prisoner or formerly having custody of
the prisoner or by the commission of pardons and parole.
86
Question No. 38: What right does an individual involved in a motor
vehicle collision have to an unaltered copy of the accident report
prepared by a law enforcement agency?
Answer: Individuals involved, as well as their attorney, or insurance
company, have the right to a complete, unaltered copy of the impact
report and any subsequent final report prepared.
87
Question No. 39: May individuals request correction of records that
pertain to themselves?
Answer: Yes. An individual can make a written request to correct or
amend any record maintained by a public agency about that person.
Within ten (10) days of the request, the public agency must make the
correction, or explain in writing why the request is not granted.
88
Question No. 40 : What happens if a request for correction of a record
is denied?
Answer: An individual has the right to protest the denial by using the
same appeal procedure as for denial of access to a record, which is to
86
Idaho Code §§ 74-113(3)(a-e).
87
Idaho Code § 74-124(2).
88
Idaho Code §§ 74-113(2)(a-b).
Idaho Public Records Law Manual
file a petition in district court as described in Questions 30-33.
89
PENALTIES FOR BAD FAITH NONCOMPLIANCE; IMMUNITY
Question No. 41: Is there any penalty for a public official who refuses
to provide a public record?
Answer: A civil penalty of up to $1,000 can be assessed against a
public official who the court finds has deliberately and in bad faith
improperly refused a legitimate request for inspection or copying of a
public record.
90
Question No. 42: Is there any protection for a public official who
attempts to comply in good faith with the public records law?
Answer: Yes. The statute provides immunity for any public agency,
public official or custodian from liability for any loss or damage based
upon the release of a public record if the individual acted in good faith
in attempting to comply with the law. Good faith compliance is best
demonstrated by consulting with an attorney whenever there is any
doubt whether the information can be disclosed.
91
89
Idaho Code § 74-113(2)(b).
90
Idaho Code § 74-117.
91
Idaho Code § 74-118.
Idaho Public Records Law Manual
THE STATUTE
(Idaho Code §§ 74-101 through 74-127)
74-101. Definitions. As used in this chapter:
(1) “Applicant” means any person formally seeking a paid or
volunteer position with a public agency. Applicant does not include any
person seeking appointment to a position normally filled by election.
(2) “Copy” means transcribing by handwriting, photocopying,
duplicating machine or reproducing by any other means as long as the
public record is not altered or damaged.
(3) “Custodian” means the person or persons having personal
custody and control of the public records in question.
(4) “Independent public body corporate and politic” means the
Idaho housing and finance association as created in chapter 62, title 67,
Idaho Code.
(5) “Inspect” means the right to listen, view and make notes of
public records as long as the public record is not altered or damaged.
(6) “Investigatory record” means information with respect to an
identifiable person, group of persons or entities compiled by a public
agency pursuant to its statutory authority in the course of investigating a
specific act, omission, failure to act, or other conduct over which the public
agency has regulatory authority or law enforcement authority.
(7) “Law enforcement agency” means any state or local agency
given law enforcement powers or that has authority to investigate, enforce,
prosecute or punish violations of state or federal criminal statutes,
ordinances or regulations.
(8) “Local agency” means a county, city, school district, municipal
corporation, independent public body corporate and politic, district, public
health district, political subdivision, or any agency thereof, or any
committee of a local agency, or any combination thereof.
(9) “Person” means any natural person, corporation, partnership,
firm, association, joint venture, state or local agency or any other
Idaho Public Records Law Manual
(10) “Prisoner” means a person who has been convicted of a crime
and is either incarcerated or on parole for that crime or who is being held
in custody for trial or sentencing.
(11) “Public agency” means any state or local agency as defined in
this section.
(12) “Public official” means any state, county, local district,
independent public body corporate and politic or governmental official or
employee, whether elected, appointed or hired.
(13) “Public record” includes, but is not limited to, any writing
containing information relating to the conduct or administration of the
public’s business prepared, owned, used or retained by any state agency,
independent public body corporate and politic or local agency regardless
of physical form or characteristics. Provided, however, that personal notes
created by a public official solely for his own use shall not be a public
record as long as such personal notes are not shared with any other person
or entity.
(14) “Requester” means the person requesting examination and/or
copying of public records pursuant to section 74-102, Idaho Code.
(15) “State agency” means every state officer, department, division,
bureau, commission and board or any committee of a state agency,
including those in the legislative or judicial branch, except the state
militia and the Idaho state historical society library and archives.
(16) (a) “Unwarranted invasion of personal privacy” means:
(i) Disclosure of information used to identify, locate, or
harass a juvenile, a victim of an alleged crime of mass
violence or domestic violence, or a victim of physical or
sexual abuse; or
(ii) Disclosure where release of information is likely to
violate legitimate and substantial privacy interests of the
person identified when such interests are weighed
against general public information.
(b) Release of the name, age, sex, and hometown of any
deceased person after notification of next-of-kin shall not constitute an
unwarranted invasion of personal privacy and shall be disclosed unless
otherwise exempt under this chapter.
Idaho Public Records Law Manual
(17) “Writing” includes, but is not limited to, handwriting,
typewriting, printing, photostating, photographing and every means of
recording, including letters, words, pictures, sounds or symbols or
combination thereof, and all papers, maps, magnetic or paper tapes,
photographic films and prints, magnetic or punched cards, discs, drums or
other documents.
74-102. Public records – Right to examine.
(1) Every person has a right to examine and take a copy of any
public record of this state and there is a presumption that all public records
in Idaho are open at all reasonable times for inspection except as otherwise
expressly provided by statute.
(2) The right to copy public records shall include the right to make
photographs or photographic or other copies while the records are in the
possession of the custodian of the records using equipment provided by
the public agency or using equipment designated by the custodian.
(3) Additionally, the custodian of any public record shall give the
person, on demand, a certified copy of it if the record is of a nature
permitting such copying or shall furnish reasonable opportunity to inspect
or copy such record.
(4) A public agency may require that a request for public records
be submitted to it in a writing that specifically describes the subject matter
and records sought, including a specific date range for when the records
sought were created. The requesting party shall be as specific as possible
when requesting records. A request shall describe records sought in
sufficient detail to enable the public body to locate such records with
reasonable effort. A request shall also provide the requester’s name,
mailing address, e-mail address and telephone number. A request for
public records and delivery of the public records may be made by
electronic mail.
(5) The custodian shall make no inquiry of any person who requests
a public record, except:
(a) To verify the identity of the requester in accordance with
section 74-113, Idaho Code; or
(b) To ensure that the requested record or information will not
be used for purposes of a mailing or telephone list prohibited by section
74-120, Idaho Code, or as otherwise provided by law; or
Idaho Public Records Law Manual
(c) As required for purposes of protecting personal information
from disclosure under chapter 2, title 49, Idaho Code, and federal law.
(6) The custodian shall not review, examine or scrutinize any copy,
photograph or memoranda in the possession of any such person and shall
extend to the person all reasonable comfort and facility for the full exercise
of the right granted under this act.
(7) Nothing herein contained shall prevent the custodian from
maintaining such vigilance as is required to prevent alteration of any public
record while it is being examined.
(8) Examination of public records under the authority of this
section must be conducted during regular office or working hours unless
the custodian shall authorize examination of records in other than regular
office or working hours. In this event, the persons designated to represent
the custodian during such examination shall be entitled to reasonable
compensation to be paid to them by the public agency having custody of
such records, out of funds provided in advance by the person examining
such records, at other than regular office or working hours.
(9) The public agency may provide the requester information to
help the requester narrow the scope of the request or to help the requester
make the request more specific when the response to the request is likely
to be voluminous or require payment as provided in subsection (10) of this
section.
(10) (a) Except for fees that are authorized or prescribed under other
provisions of Idaho law, no fee shall be charged for the first two (2) hours
of labor in responding to a request for public records, or for copying the
first one hundred (100) pages of paper records that are requested.
(b) A public agency or public official may establish fees to
recover the actual labor and copying costs associated with locating and
copying documents if:
(i) The request is for more than one hundred (100) pages of
paper records; or
(ii) The request includes records from which nonpublic
information must be deleted; or
(iii) The actual labor associated with responding to requests
for public records in compliance with the provisions of
this chapter exceeds two (2) person hours.
Idaho Public Records Law Manual
(c) A public agency or public official may establish a
copying fee schedule. The fee may not exceed the actual cost to the agency
of copying the record if another fee is not otherwise provided by law.
(d) For providing a duplicate of a computer tape, computer disc,
microfilm or similar or analogous record system containing public record
information, a public agency or public official may charge a fee, uniform
to all persons that does not exceed the sum of the following:
(i) The agency’s direct cost of copying the information in
that form;
(ii) The standard cost, if any, for selling the same
information in the form of a publication;
(iii) The agency’s cost of conversion, or the cost of
conversion charged by a third party, if the existing
electronic record is converted to another electronic
form.
(e) Fees shall not exceed reasonable labor costs necessarily
incurred in responding to a public records request. Fees, if charged, shall
reflect the personnel and quantity of time that are reasonably necessary to
process a request. Fees for labor costs shall be charged at the per hour pay
rate of the lowest paid administrative staff employee or public official of
the public agency who is necessary and qualified to process the request. If
a request requires redactions to be made by an attorney who is employed
by the public agency, the rate charged shall be no more than the per hour
rate of the lowest paid attorney within the public agency who is necessary
and qualified to process the public records request. If a request is submitted
to a public agency that does not have an attorney on staff, and requires
redactions by an attorney, the rate shall be no more than the usual and
customary rate of the attorney who is retained by the public agency for that
purpose.
(f) The public agency shall not charge any cost or fee for copies
or labor when the requester demonstrates that the requester’s examination
and/or copying of public records:
(i) Is likely to contribute significantly to the public’s
understanding of the operations or activities of the
government;
(ii) Is not primarily in the individual interest of the requester
including, but not limited to, the requester’s interest in
Idaho Public Records Law Manual
litigation in which the requester is or may become a
party; and
(iii) Will not occur if fees are charged because the requester
has insufficient financial resources to pay such fees.
(g) Statements of fees by a public agency shall be itemized
to show the per page costs for copies, and hourly rates of employees and
attorneys involved in responding to the request, and the actual time spent
on the public records request. No lump sum costs shall be assigned to any
public records request.
(11) A requester may not file multiple requests for public records
solely to avoid payment of fees. When a public agency reasonably believes
that one (1) or more requesters is segregating a request into a series of
requests to avoid payment of fees authorized pursuant to this section, the
public agency may aggregate such requests and charge the appropriate
fees. The public agency may consider the time period in which the requests
have been made in its determination to aggregate the related requests. A
public agency shall not aggregate multiple requests on unrelated subjects
from one (1) requester.
(12) The custodian may require advance payment of fees authorized
by this section. Any money received by the public agency shall be credited
to the account for which the expense being reimbursed was or will be
charged, and such funds may be expended by the agency as part of its
appropriation from that fund. Any portion of an advance payment in excess
of the actual costs of labor and copying incurred by the agency in
responding to the request shall be returned to the requester.
(13) A public agency shall not prevent the examination or copying
of a public record by contracting with a nongovernmental body to perform
any of its duties or functions.
(14) Nothing contained herein shall prevent a public agency from
disclosing statistical information that is descriptive of an identifiable
person or persons, unless prohibited by law.
(15) Nothing contained herein shall prevent a public agency from
providing a copy of a public record in electronic form if the record is
available in electronic form and if the person specifically requests an
electronic copy.
(16) A public agency or elected official shall designate a custodian
or custodians for all public records, which includes any public official
Idaho Public Records Law Manual
having custody of, control of, or authorized access to public records and
also includes all delegates of such officials, employees or representatives.
74-103. Request and response to request for examination of public
records.
(1) All requests to examine public records shall be made to the
designated custodian of such records as defined in section 74-101(3),
Idaho Code. A public agency, a public official, or an employee of a public
agency shall have no obligation and shall not be deemed to have assumed
any obligation to respond to a public records request that fails to comply
with the requirements of this subsection. A public records request must
clearly indicate that it is a public records request.
(2) A public agency or custodian shall either grant or deny a
person’s request to examine or copy public records within three (3)
working days of the date of the receipt of the request for examination or
copying. If it is determined by employees of the public agency that a longer
period of time is needed to locate or retrieve the public records, the public
agency shall so notify in writing the person requesting to examine or copy
the records and shall provide the public records to the person no later than
ten (10) working days following the person’s request. Provided however,
if it is determined the existing electronic record requested will first have to
be converted to another electronic format by the agency or by a third party
and that such conversion cannot be completed within ten (10) working
days, the agency shall so notify in writing the person requesting to examine
or copy the records. The agency shall provide the converted public record
at a time mutually agreed upon between the agency and the requester, with
due consideration given to any limitations that may exist due to the process
of conversion or due to the use of a third party to make the conversion.
(3) If the public agency or custodian fails to respond, the request
shall be deemed to be denied within ten (10) working days following the
request.
(4) If the public agency denies the person’s request for examination
or copying the public records or denies in part and grants in part the
person’s request for examination and copying of the public records, the
person legally responsible for administering the public agency or that
person’s designee shall notify the person in writing of the denial or partial
denial of the request for the public record.
(5) The notice of denial or partial denial shall state that the attorney
for the public agency has reviewed the request or shall state that the public
agency has had an opportunity to consult with an attorney regarding the
Idaho Public Records Law Manual
request for examination or copying of a record and has chosen not to do
so. The notice of denial or partial denial also shall indicate the statutory
authority for the denial and indicate clearly the person’s right to appeal the
denial or partial denial and the time periods for doing so.
74-104. Records exempt from disclosure — Exemptions in federal or
state law – Court files of judicial proceedings –Office of
Administrative Hearings – Judicial Council.
(1) The following records are exempt from disclosure:
a) Any public record exempt from disclosure by federal or
state law or federal regulations to the extent specifically provided for by
such law or regulation.
b) Records contained in court files of judicial proceedings, the
disclosure of which is prohibited by or under rules adopted by the Idaho
supreme court, but only to the extent that confidentiality is provided under
such rules, and any drafts or other working memoranda related to judicial
decision-making, provided the provisions of this subsection making
records exempt from disclosure shall not apply to the extent that such
records or information contained in those records are necessary for a
background check on an individual that is required by federal law
regulating the sale of firearms, guns or ammunition.
c) Any writings, drafts, notes, or working memoranda related
to decision-making in any proceeding before the office of administrative
hearings pursuant to sections 67-5280 through 67-5286, Idaho Code, as
well as any records that are otherwise exempt from disclosure under this
chapter that are filed or submitted to the office of administrative hearings
in the course of any proceedings before it. Orders issued by the office of
administrative hearings are not exempt from disclosure under this section,
unless otherwise exempt from disclosure under this chapter.
(2) The judicial council ratings and tabulated scores from attorney
questionnaires of candidates for a judicial vacancy whose names are
submitted to the governor and the summary prepared pursuant to section
1-2102(4), Idaho Code, shall be public.
74-105. Records exempt from disclosure — Law enforcement records,
investigatory records of agencies, evacuation and emergency response
plans, worker’s compensation. The following records are exempt from
disclosure:
Idaho Public Records Law Manual
(1) Investigatory records of a law enforcement agency as defined
in section 74-101(7), Idaho Code, under the conditions set forth in section
74-124, Idaho Code.
(2) Juvenile records of a person maintained pursuant to chapter 5,
title 20, Idaho Code, except that facts contained in such records shall be
furnished upon request in a manner determined by the court to persons and
governmental and private agencies and institutions conducting pertinent
research studies or having a legitimate interest in the protection, welfare
and treatment of the juvenile who is thirteen (13) years of age or younger.
If the juvenile is petitioned or charged with an offense that would be a
criminal offense if committed by an adult, the name, offense of which the
juvenile was petitioned or charged, and disposition of the court shall be
subject to disclosure as provided in section 20-525, Idaho Code.
Additionally, facts contained in any records of a juvenile maintained
pursuant to chapter 5, title 20, Idaho Code, shall be furnished upon request
to any school district where the juvenile is enrolled or is seeking
enrollment.
(3) Records of the custody review board of the Idaho department
of juvenile corrections, including records containing the names, addresses
and written statements of victims and family members of juveniles, shall
be exempt from public disclosure pursuant to section 20-533A, Idaho
Code.
(4) (a) The following records of the department of correction:
(i) Records of which the public interest in confidentiality,
public safety, security and habilitation clearly outweighs
the public interest in disclosure as identified pursuant to
the authority of the state board of correction under
section 20-212, Idaho Code;
(ii) Records that contain any identifying information, or any
information that would lead to the identification of any
victims or witnesses;
(iii) Records that reflect future transportation or movement
of a prisoner;
(iv) Records gathered during the course of the presentence
investigation;
Idaho Public Records Law Manual
(v) Records of a prisoner as defined in section 74-101(10),
Idaho Code, or probationer shall not be disclosed to any
other prisoner or probationer.
(b) Records, other than public expenditure records, related to
proposed or existing critical infrastructure held by or in the custody of any
public agency only when the disclosure of such information is reasonably
likely to jeopardize the safety of persons, property or the public safety.
Such records may include emergency evacuation, escape or other
emergency response plans, vulnerability assessments, operation and
security manuals, plans, blueprints or security codes. For purposes of this
paragraph, “system” includes electrical, computer and telecommunication
systems, electric power, (including production, generating, transportation,
transmission and distribution), heating, ventilation, and air conditioning.
For purposes of this subsection, “critical infrastructure” means any system
or asset, whether physical or virtual, so vital to the state of Idaho, including
its political subdivisions, that the incapacity or destruction of such system
or asset would have a debilitating impact on state or national economic
security, state or national public health or safety, or any combination of
those matters.
(c) Records of the Idaho commission of pardons and parole
shall be exempt from public disclosure pursuant to section 20-1003, Idaho
Code, and section 20-1005, Idaho Code. Records exempt from disclosure
shall also include those containing the names, addresses and written
statements of victims.
(5) Voting records of the former sexual offender classification
board. The written record of the vote to classify an offender as a violent
sexual predator by each board member in each case reviewed by that board
member shall be exempt from disclosure to the public and shall be made
available upon request only to the governor, the chairman of the senate
judiciary and rules committee, and the chairman of the house of
representatives judiciary, rules and administration committee for all lawful
purposes.
(6) Records of the sheriff or Idaho state police received or
maintained pursuant to sections 18-3302, 18-3302H and 18-3302K, Idaho
Code, relating to an applicant or licensee, except that any law enforcement
officer and law enforcement agency, whether inside or outside the state of
Idaho, may access information maintained in the license record system as
set forth in section 18-3302K(16), Idaho Code.
(7) Records of investigations prepared by the department of health
and welfare pursuant to its statutory responsibilities dealing with the
Idaho Public Records Law Manual
protection of children, the rehabilitation of youth, adoptions and the
commitment of mentally ill persons. For reasons of health and safety, best
interests of the child or public interest, the department of health and
welfare may provide for the disclosure of records of investigations
associated with actions pursuant to the provisions of chapter 16, title 16,
Idaho Code, prepared by the department of health and welfare pursuant to
its statutory responsibilities dealing with the protection of children, except
any such records regarding adoptions shall remain exempt from disclosure.
(8) Records, including but not limited to investigative reports,
resulting from investigations conducted into complaints of discrimination
made to the Idaho human rights commission unless the public interest in
allowing inspection and copying of such records outweighs the legitimate
public or private interest in maintaining confidentiality of such records. A
person may inspect and copy documents from an investigative file to
which he or she is a named party if such documents are not otherwise
prohibited from disclosure by federal law or regulation or state law. The
confidentiality of this subsection will no longer apply to any record used
in any judicial proceeding brought by a named party to the complaint or
investigation, or by the Idaho human rights commission, relating to the
complaint of discrimination.
(9) Records containing information obtained by the manager of the
Idaho state insurance fund pursuant to chapter 9, title 72, Idaho Code, from
or on behalf of employers or employees contained in underwriting and
claims for benefits files.
(10) The worker’s compensation records of the Idaho industrial
commission, provided that the industrial commission shall make such
records available:
(a) To the parties in any worker’s compensation claim and to
the industrial special indemnity fund of the state of Idaho; or
(b) To employers and prospective employers subject to the
provisions of the Americans with disabilities act, 42 U.S.C. 12112, or other
statutory limitations, who certify that the information is being requested
with respect to a worker to whom the employer has extended an offer of
employment and will be used in accordance with the provisions of the
Americans with disabilities act, 42 U.S.C. 12112, or other statutory
limitations; or
(c) To employers and prospective employers not subject to the
provisions of the Americans with disabilities act, 42 U.S.C. 12112, or other
Idaho Public Records Law Manual
statutory limitations, provided the employer presents a written
authorization from the person to whom the records pertain; or
(d) To others who demonstrate that the public interest in
allowing inspection and copying of such records outweighs the public or
private interest in maintaining the confidentiality of such records, as
determined by a civil court of competent jurisdiction; or
(e) Although a claimant’s records maintained by the industrial
commission, including medical and rehabilitation records, are otherwise
exempt from public disclosure, the quoting or discussing of medical or
rehabilitation records contained in the industrial commission’s records
during a hearing for compensation or in a written decision issued by the
industrial commission shall be permitted; provided further, the true
identification of the parties shall not be exempt from public disclosure in
any written decision issued and released to the public by the industrial
commission.
(11) Records of investigations compiled by the commission on aging
involving vulnerable adults as defined in section 18-1505, Idaho Code,
alleged to be abused, neglected or exploited.
(12) Criminal history records and fingerprints as defined in section
67-3001, Idaho Code, and compiled by the Idaho state police. Such records
shall be released only in accordance with chapter 30, title 67, Idaho Code.
(13) Records furnished or obtained pursuant to section 41-1019,
Idaho Code, regarding termination of an appointment, employment,
contract or other insurance business relationship between an insurer and a
producer.
(14) Records of a prisoner or former prisoner in the custody of any
state or local correctional facility, when the request is made by another
prisoner in the custody of any state or local correctional facility.
(15) Except as provided in section 72-1007, Idaho Code, records of
the Idaho industrial commission relating to compensation for crime
victims pursuant to chapter 10, title 72, Idaho Code.
(16) Records or information identifying a complainant maintained
by the department of health and welfare pursuant to section 39-3556, Idaho
Code, relating to certified family homes, unless the complainant consents
in writing to the disclosure or the disclosure of the complainant’s identity
is required in any administrative or judicial proceeding.
Idaho Public Records Law Manual
(17) Records of any certification or notification required by federal
law to be made in connection with the acquisition or transfer of a firearm,
including a firearm as defined in 26 U.S.C. 5845(a).
(18) The following records of the state public defense commission:
(a) Records containing information protected or exempted
from disclosure under the rules adopted by the Idaho supreme court,
attorney work product, attorney-client privileged communication, records
containing confidential information from an individual about his criminal
case or performance of his attorney, or confidential information about an
inquiry into an attorney’s fitness to represent indigent defendants.
(b) Records related to the administration of the extraordinary
litigation fund by the state public defense commission pursuant to section
19-850(2)(e), Idaho Code, to the extent that such records contain
information protected or exempted from disclosure under rules adopted by
the Idaho supreme court, attorney work product or attorney-client
privileged communication. This exemption does not include the amount
awarded based upon an application for extraordinary litigation funds.
(19) Records and information received by the office of the state
controller from any local government, state agency and department, or
volunteer nongovernmental entity for purposes of entry into the criminal
justice integrated data system pursuant to section 19-4803, Idaho Code,
and all records created by persons authorized to research and analyze
information entered into the criminal justice integrated data system,
regardless of whether such records were previously exempted from
disclosure or redacted pursuant to state or federal law or court order. This
exemption does not apply to projects, reports, and data analyses approved
for release by the data oversight council and issued by persons authorized
to conduct research and analysis as set forth in chapter 48, title 19, Idaho
Code. Records and information relating to the management of the criminal
justice integrated data system shall not be exempt from disclosure except
as otherwise provided in law.
(20) Records, other than public expenditure records, relating to the
nature, location, or function of cybersecurity devices, programs, or
systems designed to protect computer, information technology, or
communications systems against terrorist or other attacks.
(21) Records that contain any identifying information or any
information that could lead to the identification of any persons or entities
that participate in or assist with an execution of a death sentence as
described in section 19-2716A, Idaho Code.
Idaho Public Records Law Manual
(22) Any index, report, or records of any person arrested for,
prosecuted for, or convicted of a crime in this state who has successfully
petitioned a court to have his records shielded from disclosure pursuant to
section 67-3004(11), Idaho Code.
74-106. Records exempt from disclosure — Personnel records,
personal information, health records, professional discipline. The
following records are exempt from disclosure:
(1) Except as provided in this subsection, all personnel records of
a current or former public official other than the public official’s public
service or employment history, classification, pay grade and step,
longevity, gross salary and salary history, including bonuses, severance
packages, other compensation or vouchered and unvouchered expenses for
which reimbursement was paid, status, workplace and employing agency.
All other personnel information relating to a public employee or applicant
including, but not limited to, information regarding sex, race, marital
status, birth date, home address and telephone number, social security
number, driver’s license number, applications, testing and scoring
materials, grievances, correspondence and performance evaluations, shall
not be disclosed to the public without the employee’s or applicant’s written
consent. Names of applicants to classified or merit system positions shall
not be disclosed to the public without the applicant’s written consent.
Disclosure of names as part of a background check is permitted. Names of
the five (5) final applicants to all other positions shall be available to the
public. If such group is less than five (5) finalists, then the entire list of
applicants shall be available to the public. A public official or authorized
representative may inspect and copy his personnel records, except for
material used to screen and test for employment.
(2) Retired employees’ and retired public officials’ home
addresses, home telephone numbers and other financial and nonfinancial
membership records; and active and inactive member financial and
membership records and mortgage portfolio loan documents maintained
by the public employee retirement system. Financial statements prepared
by retirement system staff, funding agents and custodians concerning the
investment of assets of the public employee retirement system of Idaho are
not considered confidential under this chapter.
(3) Information and records submitted to the Idaho state lottery for
the performance of background investigations of employees, lottery
retailers and major procurement contractors; audit records of lottery
retailers, vendors and major procurement contractors submitted to or
performed by the Idaho state lottery; validation and security tests of the
Idaho Public Records Law Manual
state lottery for lottery games; and business records and information
submitted pursuant to sections 67-7412(8) and (9) and 67-7421(8) and (9),
Idaho Code, and such documents and information obtained and held for
the purposes of lottery security and investigative action as determined by
lottery rules unless the public interest in disclosure substantially outweighs
the private need for protection from public disclosure.
(4) Records of a personal nature as follows:
(a) Records of personal debt filed with a public agency and
politic pursuant to law;
(b) Personal bank records compiled by a public depositor for
the purpose of public funds transactions conducted pursuant to law;
(c) Records of ownership of financial obligations and
instruments of a public agency , such as bonds, compiled by the public
agency pursuant to law;
(d) Records with regard to the ownership of or security interests
in registered public obligations;
(e) Vital statistics records;
(f) Military records as described in and pursuant to section 65-
301, Idaho Code.
(g) Social security numbers; and
(h) The following personal data identifiers for an individual
may be disclosed only in the following redacted format:
(i) The initials of any minor children of the individual;
(ii) A date of birth in substantially the following format:
“XX/XX/birth year”;
(iii) The last four (4) digits of a financial account number in
substantially the following format: “XXXXX1234”;
(iv) The last four (4) digits of a driver’s license number or
state-issued personal identification card number in
substantially the following format: “XXXXX350F”;
and
Idaho Public Records Law Manual
(v) The last four (4) digits of an employer identification
number or business’s taxpayer identification number.
(5) Information in an income or other tax return measured by items
of income or sales that is gathered by a public agency for the purpose of
administering the tax, except such information to the extent disclosed in a
written decision of the tax commission pursuant to a taxpayer protest of a
deficiency determination by the tax commission, under the provisions of
section 63-3045B, Idaho Code.
(6) Records of a personal nature related directly or indirectly to the
application for and provision of statutory services rendered to persons
applying for public care for people who are elderly, indigent or have
mental or physical disabilities, or participation in an environmental or a
public health study, provided the provisions of this subsection making
records exempt from disclosure shall not apply to the extent that such
records or information contained in those records are necessary for a
background check on an individual that is required by federal law
regulating the sale of firearms, guns or ammunition.
(7) Employment security information, except that a person may
agree, through written, informed consent, to waive the exemption so that
a third party may obtain information pertaining to the person, unless access
to the information by the person is restricted by subsection (3)(a), (b) or
(d) of section 74-113, Idaho Code. Notwithstanding the provisions of
section 74-113, Idaho Code, a person may not review identifying
information concerning an informant who reported to the department of
labor a suspected violation by the person of the employment security law,
chapter 13, title 72, Idaho Code, under an assurance of confidentiality. As
used in this section and in chapter 13, title 72, Idaho Code, “employment
security information” means any information descriptive of an identifiable
person or persons that is received by, recorded by, prepared by, furnished
to or collected by the department of labor or the industrial commission in
the administration of the employment security law.
(8) Any personal records, other than names, business addresses and
business phone numbers, such as parentage, race, religion, sex, height,
weight, tax identification and social security numbers, financial worth or
medical condition submitted to any public agency pursuant to a statutory
requirement for licensing, certification, permit or bonding.
(9) Unless otherwise provided by agency rule, information
obtained as part of an inquiry into a person’s fitness to be granted or retain
a license, certificate, permit, privilege, commission or position, private
association peer review committee records authorized in title 54, Idaho
Idaho Public Records Law Manual
Code. Any agency that has records exempt from disclosure under the
provisions of this subsection shall annually make available a statistical
summary of the number and types of matters considered and their
disposition.
(10) The records, findings, determinations and decisions of any
prelitigation screening panel formed under chapters 10 and 23, title 6,
Idaho Code.
(11) Complaints received by the board of medicine and
investigations and informal proceedings, including informal proceedings
of any committee of the board of medicine, pursuant to chapter 18, title 54,
Idaho Code, and rules adopted thereunder.
(12) Records of the department of health and welfare or a public
health district that identify a person infected with a reportable disease.
(13) Records of hospital care, medical records, including
prescriptions, drug orders, records or any other prescription information
that specifically identifies an individual patient, prescription records
maintained by the board of pharmacy under sections 37-2726 and
37-2730A, Idaho Code, records of psychiatric care or treatment and
professional counseling records relating to an individual’s condition,
diagnosis, care or treatment, provided the provisions of this subsection
making records exempt from disclosure shall not apply to the extent that
such records or information contained in those records are necessary for a
background check on an individual that is required by federal law
regulating the sale of firearms, guns or ammunition.
(14) Information collected pursuant to the directory of new hires act,
chapter 16, title 72, Idaho Code.
(15) Personal information contained in motor vehicle and driver
records that is exempt from disclosure under the provisions of chapter 2,
title 49, Idaho Code.
(16) Records of the financial status of prisoners pursuant to
subsection (2) of section 20-607, Idaho Code.
(17) Records of the Idaho state police or department of correction
received or maintained pursuant to section 19-5514, Idaho Code, relating
to DNA databases and databanks.
(18) Records of the department of health and welfare relating to a
survey, resurvey or complaint investigation of a licensed nursing facility.
Idaho Public Records Law Manual
Such records shall, however, be subject to disclosure as public records as
soon as the facility in question has received the report, and no later than
the fourteenth day following the date that department of health and welfare
representatives officially exit the facility pursuant to federal regulations.
Provided however, that for purposes of confidentiality, no record shall be
released under this section which specifically identifies any nursing
facility resident.
(19) Records and information contained in the registry of
immunizations against childhood diseases maintained in the department of
health and welfare, including information disseminated to others from the
registry by the department of health and welfare.
(20) Records of the Idaho housing and finance association (IHFA)
relating to the following:
(a) Records containing personal financial, family, health or
similar personal information submitted to or otherwise obtained by the
IHFA;
(b) Records submitted to or otherwise obtained by the IHFA
with regard to obtaining and servicing mortgage loans and all records
relating to the review, approval or rejection by the IHFA of said loans;
(c) Mortgage portfolio loan documents;
(d) Records of a current or former employee other than the
employee’s duration of employment with the association, position held
and location of employment. This exemption from disclosure does not
include the contracts of employment or any remuneration, including
reimbursement of expenses, of the executive director, executive officers or
commissioners of the association. All other personnel information relating
to an association employee or applicant including, but not limited to,
information regarding sex, race, marital status, birth date, home address
and telephone number, applications, testing and scoring materials,
grievances, correspondence, retirement plan information and performance
evaluations, shall not be disclosed to the public without the employee’s or
applicant’s written consent. An employee or authorized representative may
inspect and copy that employee’s personnel records, except for material
used to screen and test for employment or material not subject to disclosure
elsewhere in the Idaho public records act.
(21) Records of the department of health and welfare related to child
support services in cases in which there is reasonable evidence of domestic
violence, as defined in chapter 63, title 39, Idaho Code, that can be used to
Idaho Public Records Law Manual
locate any individuals in the child support case except in response to a
court order.
(22) Records of the Idaho state bar lawyer assistance program
pursuant to chapter 49, title 54, Idaho Code, unless a participant in the
program authorizes the release pursuant to subsection (4) of section
54-4901, Idaho Code.
(23) Records and information contained in the time-sensitive
emergency registry created by chapter 20, title 57, Idaho Code, together
with any reports, analyses and compilations created from such information
and records.
(24) Records contained in the court files, or other records prepared
as part of proceedings for judicial authorization of sterilization procedures
pursuant to chapter 39, title 39, Idaho Code.
(25) The physical voter registration application on file in the county
clerk’s office; however, a redacted copy of said application shall be made
available consistent with the requirements of this section. Information
from the voter registration card maintained in the statewide voter
registration database, including age, will be made available except for the
voter’s driver’s license number, date of birth and, upon a showing that the
voter comes within the provisions of subsection (30) of this section or upon
showing of good cause by the voter to the county clerk in consultation with
the county prosecuting attorney, the physical residence address of the
voter. For the purposes of this subsection, good cause shall include the
protection of life and property and protection of victims of domestic
violence and similar crimes.
(26) File numbers, passwords and information in the files of the
health care directive registry maintained by the secretary of state under
section 39-4515, Idaho Code, are confidential and shall not be disclosed to
any person other than to the person who executed the health care directive
or the revocation thereof and that person’s legal representatives, to the
person who registered the health care directive or revocation thereof, and
to physicians, hospitals, medical personnel, nursing homes, and other
persons who have been granted file number and password access to the
documents within that specific file.
(27) Records in an address confidentiality program participant’s file
as provided for in chapter 57, title 19, Idaho Code, other than the address
designated by the secretary of state, except under the following
circumstances:
Idaho Public Records Law Manual
(a) If requested by a law enforcement agency, to the law
enforcement agency; or
(b) If directed by a court order, to a person identified in the
order.
(28) Except as otherwise provided by law relating to the release of
information to a governmental entity or law enforcement agency, any
personal information including, but not limited to, names, personal and
business addresses and phone numbers, sex, height, weight, date of birth,
social security and driver’s license numbers, or any other identifying
numbers and/or information related to any Idaho fish and game licenses,
permits and tags unless written consent is obtained from the affected
person.
(29) Documents and records related to alternatives to discipline that
are maintained by the Idaho board of veterinary medicine under the
provisions of section 54-2118(1)(b), Idaho Code, provided the
requirements set forth therein are met.
(30) The Idaho residential street address and telephone number of an
eligible law enforcement or judicial officer and such officer’s residing
household members as provided for in chapters 58 and 60, title 19, Idaho
Code, except under the following circumstances:
(a) If directed by a court order, to a person identified in the
court order;
(b) If requested by a law enforcement agency, to the law
enforcement agency;
(c) If requested by a financial institution or title company for
business purposes, to the requesting financial institution or title company;
or
(d) If the law enforcement or judicial officer provides written
permission for disclosure of such information.
(31) All information exchanged between the Idaho transportation
department and insurance companies, any database created, all
information contained in the verification system and all reports, responses
or other information generated for the purposes of the verification system,
pursuant to section 49-1234, Idaho Code.
Idaho Public Records Law Manual
(32) Nothing in this section shall prohibit the release of information
to the state controller as the state social security administrator as provided
in section 59-1101A, Idaho Code.
(33) Personal information including, but not limited to, property
values, personal and business addresses, phone numbers, dates of birth,
social security and driver’s license numbers or any other identifying
numbers or information maintained by the administrator of the unclaimed
property law set forth in chapter 5, title 14, Idaho Code. Nothing in this
subsection shall prohibit the release of names, last known city of residence,
property value ranges and general property information by the
administrator for the purpose of reuniting unclaimed property with its
owner.
(34) Any personal information collected by the secretary of state,
pursuant to section 67-906(1)(b), Idaho Code, for the purpose of allowing
individuals to access the statewide electronic filing system authorized in
section 67-906, Idaho Code, except campaign contact phone numbers for
candidates or committees, which shall be publicly available upon request;
and any notification email addresses submitted as part of a lobbyist’s
registration under section 67-6617, Idaho Code, of an employer, client, or
designated contact for the purpose of electronic notification of that
employer, client, or designated contact of a report filed under section 67-
6619, Idaho Code.
74-107. Records exempt from disclosure — Trade secrets, production
records, appraisals, bids, proprietary information, tax commission,
unclaimed property, petroleum clean water trust fund. The following
records are exempt from disclosure:
(1) Trade secrets including those contained in response to public
agency requests for proposal, requests for clarification, requests for
information and similar requests. “Trade secrets” as used in this section
means information, including a formula, pattern, compilation, program,
computer program, device, method, technique, process, or unpublished or
in progress research that:
(a) Derives independent economic value, actual or potential,
from not being generally known to, and not being readily ascertainable by
proper means by other persons who can obtain economic value from its
disclosure or use; and
(b) Is the subject of efforts that are reasonable under the
circumstances to maintain its secrecy.
Idaho Public Records Law Manual
(2) Production records, housing production, rental and financing
records, sale or purchase records, catch records, mortgage portfolio loan
documents, or similar business records of a private concern or enterprise
required by law to be submitted to or inspected by a public agency or
submitted to or otherwise obtained by an independent public body
corporate and politic. Nothing in this subsection shall limit the use which
can be made of such information for regulatory purposes or its
admissibility in any enforcement proceeding.
(3) Records relating to the appraisal of real property, timber or
mineral rights prior to its acquisition, sale or lease by a public agency.
(4) Any estimate prepared by a public agency that details the cost
of a public project until such time as disclosed or bids are opened, or upon
award of the contract for construction of the public project.
(5) Examination, operating or condition reports and all documents
relating thereto, prepared by or supplied to any public agency responsible
for the regulation or supervision of financial institutions including, but not
limited to, banks, savings and loan associations, regulated lenders,
business and industrial development corporations, credit unions, and
insurance companies, or for the regulation or supervision of the issuance
of securities.
(6) Records gathered by a local agency or the Idaho department of
commerce, as described in chapter 47, title 67, Idaho Code, for the specific
purpose of assisting a person to locate, maintain, invest in, or expand
business operations in the state of Idaho.
(7) Shipping and marketing records of commodity commissions
used to evaluate marketing and advertising strategies and the names and
addresses of growers and shippers maintained by commodity
commissions.
(8) Financial statements and business information and reports
submitted by a legal entity to a port district organized under title 70, Idaho
Code, in connection with a business agreement, or with a development
proposal or with a financing application for any industrial, manufacturing,
or other business activity within a port district.
(9) Names and addresses of seed companies, seed crop growers,
seed crop consignees, locations of seed crop fields, variety name and
acreage by variety. Upon the request of the owner of the proprietary
variety, this information shall be released to the owner. Provided however,
that if a seed crop has been identified as diseased or has been otherwise
Idaho Public Records Law Manual
identified by the Idaho department of agriculture, other state departments
of agriculture, or the United States department of agriculture to represent
a threat to that particular seed or commercial crop industry or to individual
growers, information as to test results, location, acreage involved and
disease symptoms of that particular seed crop, for that growing season,
shall be available for public inspection and copying. This exemption shall
not supersede the provisions of section 22-436, Idaho Code, nor shall this
exemption apply to information regarding specific property locations
subject to an open burning of crop residue pursuant to section 39-114,
Idaho Code, names of persons responsible for the open burn, acreage and
crop type to be burned, and time frames for burning.
(10) Information obtained from books, records and accounts
required in chapter 47, title 22, Idaho Code, to be maintained by the Idaho
oilseed commission and pertaining to the individual production records of
oilseed growers.
(11) Records of any risk retention or self-insurance program
prepared in anticipation of litigation or for analysis of or settlement of
potential or actual money damage claims against a public entity and its
employees or against the industrial special indemnity fund except as
otherwise discoverable under the Idaho or federal rules of civil procedure.
These records shall include, but are not limited to, claims evaluations,
investigatory records, computerized reports of losses, case reserves,
internal documents and correspondence relating thereto. At the time any
claim is concluded, only statistical data and actual amounts paid in
settlement shall be deemed a public record unless otherwise ordered to be
sealed by a court of competent jurisdiction. Provided however, nothing in
this subsection is intended to limit the attorney-client privilege or attorney
work product privilege otherwise available to any public agency.
(12) Records of laboratory test results provided by or retained by the
Idaho food quality assurance laboratory. Nothing in this subsection shall
limit the use which can be made, or availability of such information if used,
for regulatory purposes or its admissibility in any enforcement proceeding.
(13) Reports required to be filed under chapter 13, title 62, Idaho
Code, identifying electrical or natural or manufactured gas consumption
data for an individual customer or account.
(14) Voluntarily prepared environmental audits, and voluntary
disclosures of information submitted on or before December 31, 1997, to
an environmental agency, which are claimed to be confidential business
information.
Idaho Public Records Law Manual
(15) Computer programs developed or purchased by or for any
public agency for its own use. As used in this subsection, “computer
program” means a series of instructions or statements which permit the
functioning of a computer system in a manner designed to provide storage,
retrieval and manipulation of data from the computer system, and any
associated documentation and source material that explain how to operate
the computer program. Computer program does not include:
(a) The original data including, but not limited to, numbers,
text, voice, graphics and images;
(b) Analysis, compilation and other manipulated forms of the
original data produced by use of the program; or
(c) The mathematical or statistical formulas that would be used
if the manipulated forms of the original data were to be produced
manually.
(16) Active investigative records and trademark usage audits of the
Idaho potato commission specifically relating to the enforcement of
chapter 12, title 22, Idaho Code, until the commencement of formal
proceedings as provided by rules of the commission; purchase and sales
information submitted to the Idaho potato commission during a trademark
usage audit, and investigation or enforcement proceedings. Inactive
investigatory records shall be disclosed unless the disclosure would violate
the standards set forth in subsections (1)(a) through (f) of section 74-124,
Idaho Code. Nothing in this subsection shall limit the use which can be
made, or availability of such information if used, for regulatory purposes
or its admissibility in any enforcement proceeding.
(17) All records copied or obtained by the director of the department
of agriculture or his designee as a result of an inspection pursuant to
section 25-3806, Idaho Code, except:
(a) Records otherwise deemed to be public records not exempt
from disclosure pursuant to this chapter; and
(b) Inspection reports, determinations of compliance or
noncompliance and all other records created by the director or his designee
pursuant to section 25-3806, Idaho Code.
(18) All data and information collected by the division of animal
industries or the state brand board pursuant to the provisions of section 25-
207B, Idaho Code, or rules promulgated thereunder.
Idaho Public Records Law Manual
(19) Records disclosed to a county official by the state tax
commission pursuant to subsection (4)(c) of section 63-3029B, Idaho
Code.
(20) Records, data, information and materials collected, developed,
generated, ascertained or discovered during the course of academic
research at public institutions of higher education if the disclosure of such
could reasonably affect the conduct or outcome of the research, or the
ability of the public institution of higher education to patent or copyright
the research or protect intellectual property.
(21) Records, data, information and materials collected or utilized
during the course of academic research at public institutions of higher
education provided by any person or entity other than the public institution
of higher education or a public agency.
(22) The exemptions from disclosure provided in subsections (20)
and (21) of this section shall apply only until the academic research is
publicly released, copyrighted or patented, or until the academic research
is completed or terminated. At such time, the records, data, information,
and materials shall be subject to public disclosure unless: (a) another
exemption in this chapter applies; (b) such information was provided to
the institution subject to a written agreement of confidentiality; or (c)
public disclosure would pose a danger to persons or property.
(23) The exemptions from disclosure provided in subsections (20)
and (21) of this section do not include basic information about a particular
research project that is otherwise subject to public disclosure, such as the
nature of the academic research, the name of the researcher, and the
amount and source of the funding provided for the project.
(24) Records of a county assessor, the state tax commission, a
county board of equalization or the state board of tax appeals containing
the following information: (i) lists of personal property required to be filed
pursuant to section 63-302, Idaho Code, and operating statements required
to be filed pursuant to section 63-404, Idaho Code; and (ii) confidential
commercial or financial information including trade secrets. Except with
respect to lists of personal property required to be filed pursuant to section
63-302, Idaho Code, and the operator statements required to be filed
pursuant to section 63-404, Idaho Code, it shall be the responsibility of the
taxpayer to give notice of its claim to exemption by stamping or marking
each page or the first page of each portion of documents so claimed. No
records that are exempt pursuant to this subsection shall be disclosed
without the consent of the taxpayer except as follows:
Idaho Public Records Law Manual
(a) To any officer, employee or authorized representative of the
state or the United States, under a continuing claim of confidentiality, as
necessary to carry out the provisions of state or federal law or when
relevant to any proceeding thereunder.
(b) In the publication of statistics or reports as long as the
statistics or reports do not reasonably lead to the identification of the
specific taxpayer or information submitted by taxpayers exempt pursuant
to this subsection.
(c) To the board of tax appeals or the district court as evidence
or otherwise in connection with an appeal of the taxpayer’s property tax
assessment, but only if the board or the court, as applicable, has entered a
protective order specifying that the taxpayer information may not be
disclosed by any person conducting or participating in the action or
proceeding, except as authorized by the board or the court in accordance
with applicable law.
(d) Nothing in this subsection shall prevent disclosure of the
following information:
(i) Name and mailing address of the property owner;
(ii) A parcel number;
(iii) A legal description of real property;
(iv) The square footage and acreage of real property;
(v) The assessed value of taxable property;
(vi) The tax district and the tax rate; and
(vii) The total property tax assessed.
(25) Results of laboratory tests which have no known adverse
impacts to human health conducted by the Idaho state department of
agriculture animal health laboratory, related to diagnosis of animal
diseases of individual animals or herds, on samples submitted by
veterinarians or animal owners unless:
(a) The laboratory test results indicate the presence of a
state or federally reportable or regulated disease in
animals;
Idaho Public Records Law Manual
(b) The release of the test results is required by state or
federal law; or
(c) The test result is identified as representing a threat to
animal or human health or to the livestock industry by
the Idaho state department of agriculture or the United
States department of agriculture. Nothing in this
subsection shall limit the use which can be made, or
availability of such information if used, for regulatory
purposes or its admissibility in any enforcement
proceeding, or the duty of any person to report
contagious or infectious diseases as required by state or
federal law.
(26) Results of laboratory tests conducted by the Idaho state
department of agriculture seed laboratory on samples submitted by seed
producers or seed companies. Nothing in this subsection shall limit the use
which can be made, or availability of such information pursuant to the
provisions of subsections (9) and (10) of section 22-418, Idaho Code.
(27) For policies that are owned by private persons, and not by a
public agency of the state of Idaho, records of policies, endorsements,
affidavits and any records that discuss policies, endorsements and
affidavits that may be required to be filed with or by a surplus line
association pursuant to chapter 12, title 41, Idaho Code.
(28) Individual financial statements of a postsecondary educational
institution or a proprietary school submitted to the state board of education,
its director or a representative thereof, for the purpose of registering the
postsecondary educational institution or proprietary school pursuant to
section 33-2402 or 33-2403, Idaho Code, or provided pursuant to an
administrative rule of the board adopted pursuant to such sections.
(29) Information submitted by insurance companies pursuant to
section 41-612(17), Idaho Code.
(30) Documents, materials or other information submitted to the
director of the department of insurance as provided in chapter 64, title 41,
Idaho Code.
(31) Reports, information and other materials exempted by chapter
63, title 41, Idaho Code.
(32) Records that identify the method by which the Idaho state tax
commission selects tax returns for audit review.
Idaho Public Records Law Manual
(33) Records that identify the method by which the administrator of
the unclaimed property law set forth in chapter 5, title 14, Idaho Code,
selects reports for audit review or conducts audit review of such reports
and the identity of individuals or entities under audit.
(34) Underwriting and claims records of the Idaho petroleum clean
water trust fund obtained pursuant to section 41-4905, 41-4909, 41-4911A,
41-4912, or 41-4912A, Idaho Code. Provided, however, that this
subjection shall not prevent the Idaho petroleum clean water trust fund’s
submittal to the Idaho department of environmental quality or other
regulatory agencies of information necessary to satisfy an insured’s
corrective action requirement under applicable federal or state standards
in the event of a release into the environment from a petroleum storage
tank; and provided further that nothing in this subsection shall prevent the
Idaho petroleum clean water trust fund from providing auditing, reporting,
or actuarial information as otherwise required of it pursuant to section 41-
4919, 41-4925A, 41-4928, 41-4930, 41-4932, 41-4937, or 41-4938, Idaho
Code.
74-108. Exemptions from disclosure — Archaeological, endangered
species, libraries, licensing exams. The following records are exempt
from disclosure:
(1) Records, maps or other records identifying the location of
archaeological or geophysical sites or endangered species, if not already
known to the general public.
(2) Archaeological and geologic records concerning exploratory
drilling, logging, mining and other excavation, when such records are
required to be filed by statute for the time provided by statute.
(3) Documents and data related to oil and gas production submitted
to the department of lands or the oil and gas conservation commission
under the provisions of chapter 3, title 47, Idaho Code, provided that the
records qualify for confidential status under section 47-327, Idaho Code,
under the conditions and for the time provided by statute.
(4) The records of a library which, when examined alone, or when
examined with other public records, would reveal the identity of the library
patron checking out, requesting, or using an item from a library.
(5) 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.
Idaho Public Records Law Manual
(6) Test questions, scoring keys, and other data used to administer
a licensing examination, employment, academic or other examination or
testing procedure before the examination is given if the examination is to
be used again. Records establishing procedures for and instructing persons
administering, grading or evaluating an examination or testing procedure
are included in this exemption, to the extent that disclosure would create a
risk that the result might be affected.
(7) Land management plans required for voluntary stewardship
agreements entered into pursuant to law and written agreements relating to
the conservation of all species of sage grouse entered into voluntarily by
owners or occupiers of land with a soil conservation district.
74-109. Records exempt from disclosure — Draft legislation,
research, personal communications, personally identifying
information, work papers, and draft redistricting plans. The following
records are exempt from disclosure:
(1) Records consisting of draft legislation and documents related to
draft legislation, including requests for research or analysis submitted to
the legislative services office by a member of the Idaho legislature and any
documents related to such request.
(2) Records consisting of personal communication by a member of
the Idaho legislature or between members of the Idaho legislature that does
not relate to the conduct or administration of the public’s business.
(3) Personally identifying information relating to a private citizen
contained in a writing to or from a member of the Idaho legislature. As
used in this subsection, “private citizen” does not include a lobbyist
registered with the office of the secretary of state, public official, or an
individual who is communicating on behalf of an organization. As used in
this subsection, “public official” has the same meaning as in section 74-
101(12), Idaho Code, except that it does not include elected or appointed
members of the Idaho legislature and legislative staff.
(4) Records consisting of or that are related to the work papers in
the possession of the director of legislative performance evaluations prior
to the release of the final performance evaluation.
(5) Records consisting of or that are related to the work papers in
the possession of the division of legislative audits prior to release of the
related final audit.
Idaho Public Records Law Manual
(6) Records consisting of draft congressional and legislative
redistricting plans and documents specifically related to such draft
redistricting plans or research requests submitted to the commission staff
by a member of the commission for reapportionment for the purpose of
placing such draft redistricting plan into form suitable for presentation to
the full membership of the commission, unless the individual commission
member having submitted or requested such plans or research agrees to
waive the provisions of confidentiality provided by this subsection.
74-110. Exemption from disclosure — Records of court proceedings
regarding judicial authorization of abortion procedures for minors.
In accordance with section 18-609A, Idaho Code, the following records
are exempt from public disclosure: all records contained in court files of
judicial proceedings arising under section 18-609A, Idaho Code, are
exempt from disclosure.
74-111. Exemption from disclosure — Records related to the uniform
securities act. Except as otherwise determined by the director of the
department of finance pursuant to section 30-14-607(c), Idaho Code, the
following records are exempt from disclosure:
(1) A record obtained or created by the director of the department
of finance or a representative of the director in connection with an audit or
inspection under section 30-14-411(d), Idaho Code, or an investigation
under section 30-14-602, Idaho Code;
(2) A part of a record filed in connection with a registration
statement under section 30-14-301, Idaho Code, and sections 30-14-303
through 30-14-305, Idaho Code, or a record under section 30-14-411(d),
Idaho Code, that contains trade secrets or confidential information if the
person filing the registration statement or report has asserted a claim of
confidentiality or privilege that is authorized by law;
(3) A record that is not required to be provided to the director of
the department of finance or filed under chapter 14, title 30, Idaho Code,
and is provided to the director only on the condition that the record will
not be subject to public examination or disclosure;
(4) A nonpublic record received from a person specified in section
30-14-608(a), Idaho Code; and
(5) Any social security number, residential address unless used as
a business address, and residential telephone number unless used as a
business telephone number, contained in a record that is filed pursuant to
chapter 14, title 30, Idaho Code.
Idaho Public Records Law Manual
74-112. Exempt and nonexempt public records to be separated. If any
public record contains material which is not exempt from disclosure as
well as material which is exempt from disclosure, the public agency shall,
upon receipt of a request for disclosure, separate the exempt and
nonexempt material and make the nonexempt material available for
examination, provided that a denial of a request to copy nonexempt
material in a public record shall not be based upon the fact that such
nonexempt material is contained in the same public record as the exempt
material.
74-113. Access to records about a person by a person.
(1) A person may inspect and copy the records of a public agency
pertaining to that person, even if the record is otherwise exempt from
public disclosure.
(2) A person may request in writing an amendment of any record
pertaining to that person. Within ten (10) days of the receipt of the request,
the public agency shall either:
(a) Make any correction of any portion of the record which the
person establishes is not accurate, relevant, or complete; or
(b) Inform the person in writing of the refusal to amend in
accordance with the request and the reasons for the refusal, and indicate
clearly the person’s right to appeal the refusal and the time period for doing
so. The procedures for appealing a refusal to amend shall be the same as
those set forth in sections 74-115 and 74-116, Idaho Code, and the court
may award reasonable costs and attorney’s fees to the prevailing party or
parties, if it finds that the request for amendment or refusal to amend was
frivolously pursued.
(3) The right to inspect and amend records pertaining to oneself
does not include the right to review:
(a) Otherwise exempt investigatory records of a public agency
if the investigation is ongoing;
(b) Information that is compiled in reasonable anticipation of a
civil action or proceeding which is not otherwise discoverable;
(c) The information relates to adoption records;
(d) Information which is otherwise exempt from disclosure by
statute or court rule;
Idaho Public Records Law Manual
(e) Records of a prisoner maintained by the state or local
agency having custody of the prisoner or formerly having custody of the
prisoner or by the commission of pardons and parole.
74-114. Access to air quality, water quality and hazardous waste
records – Protection of trade secrets.
(1) To the extent required by the federal clean air act, the federal
clean water act and the resource conservation and recovery act for state
primacy over any delegated or authorized programs, even if the record is
otherwise exempt from disclosure under this chapter, any person may
inspect and copy:
(a) Air pollution emission data;
(b) The content of any title V operating permit;
(c) The name and address of any Idaho pollutant discharge
elimination system (IPDES) applicant or permittee;
(d) The content of any IPDES permit;
(e) IPDES permit applications, and information required to be
submitted by IPDES application forms, whether the information is
submitted on the application forms themselves or in attachments used to
supply information required by the application forms;
(f) Effluent data or a standard or limitation, as defined in 40
CFR 2.302;
(g) The name and address of any applicant or permittee for a
hazardous waste treatment, storage, or disposal facility permit pursuant to
chapter 44, title 39, Idaho Code; and
(h) Any other record required to be provided to or obtained by
the department of environmental quality pursuant to the federal clean air
act, the federal clean water act and the resource conservation and recovery
act, and the implementing state statutes, federal regulations and state rules,
unless the record is a trade secret.
(2) For purposes of this section, a record, or a portion of the record,
is a “trade secret” if the information contained in the record is a trade secret
within the meaning of the Idaho trade secrets act, sections 48-801, et seq.,
Idaho Code, including commercial or financial information which, if
Idaho Public Records Law Manual
disclosed, could cause substantial competitive harm to the person from
whom the record was obtained.
(3) Any record, or portion of a record, provided to or obtained by
the department of environmental quality and identified by the person
providing the record as a trade secret shall not be disclosed to the public
and shall be kept confidential according to the procedures established in
this section.
(4) Nothing in this section shall be construed as limiting the
disclosure of a trade secret by the department of environmental quality:
(a) To any officer, employee, or authorized representative of
the state or the United States, under a continuing claim of confidentiality,
as necessary to carry out the provisions of state or federal law, or when
relevant to any proceeding thereunder;
(b) As determined necessary by the director of the department
of environmental quality (under a continuing confidentiality claim) to
protect the public health and safety from imminent and substantial
endangerment;
(c) As required by state or federal law, including section 74-
115(3), Idaho Code, under a continuing claim of confidentiality and
subsection (1) of this section; or
(d) With the consent of the person from whom the record is
obtained.
(5) It shall be the responsibility of any person providing a record to
the department of environmental quality to give notice of the existence of
a trade secret on each page or other portion of information at the time of
submittal, and such person shall have the burden of demonstrating that the
information is a trade secret.
(6) Notwithstanding the time frames set forth in section 74-103(2),
Idaho Code, when a request is made to the department of environmental
quality pursuant to the provisions of this chapter for the disclosure of
information for which a trade secret claim has been made, and the
information has not been demonstrated to be a trade secret to the
satisfaction of the director of the department of environmental quality,
within three (3) working days of receipt of the request for the disclosure
of the information, the department of environmental quality shall provide
a written request for substantiation to the person making the confidentiality
claim. A response shall be submitted to the department of environmental
Idaho Public Records Law Manual
quality by the person claiming the trade secret protection within ten (10)
working days after receipt of the request for substantiation, or the
information subject to the claim shall be disclosed without further notice.
Upon receipt of a timely response to the request for substantiation, the
director of the department of environmental quality shall determine
whether the information is a trade secret subject to protection.
(a) If it is determined that the information, or any portion of the
information, is a trade secret, within three (3) working days after receipt
of the response, the director of the department of environmental quality
shall notify the person requesting the information that the request is denied
pursuant to subsections (4) and (5) of section 74-103, Idaho Code.
(b) If it is determined that the information, or any portion of the
information, is not a trade secret and is, therefore, subject to disclosure,
within three (3) working days after receipt of the response, the director of
the department of environmental quality shall inform the person making
the confidentiality claim of the determination. The decision shall be a final
agency action directly appealable, de novo, to the district court of the
county where the records or some part thereof are located. An appeal
contesting the decision of the director of the department of environmental
quality to release information claimed to be a trade secret shall be filed
within ten (10) working days from the date of receipt of the written notice
of decision. The information claimed to be a trade secret shall not be
disclosed until the period for appeal has expired with no appeal being
taken, or a court order has been issued finding that the information is not
a trade secret and all appeals of that order have been exhausted.
(7) In any appeal taken pursuant to this section, the court may
award reasonable costs and attorney’s fees to the prevailing party if it finds
the claim of confidentiality or the decision of the director of the department
of environmental quality to provide records was frivolously pursued.
(8) The department of environmental quality shall adopt rules
which include:
(a) Appropriate measures to safeguard and protect against
improper disclosure of trade secrets, including procedures to train all
employees on the proper handling of trade secrets; and
(b) Any other provisions necessary to carry out this section.
(9) As it relates to the department of environmental quality, or to
agents, contractors, or other representatives of the department, the
Idaho Public Records Law Manual
immunity created in section 74-118, Idaho Code, shall apply only when
disclosure of a trade secret is made consistent with this section.
74-115. Proceedings to enforce right to examine or to receive a copy
of records — Retention of disputed records.
(1) The sole remedy for a person aggrieved by the denial of a
request for disclosure is to institute proceedings in the district court of the
county where the records or some part thereof are located, to compel the
public agency to make the information available for public inspection in
accordance with the provisions of this chapter. The petition contesting the
public agency’s decision shall be filed within one hundred eighty (180)
calendar days from the date of mailing of the notice of denial or partial
denial by the public agency. In cases in which the records requested are
claimed as exempt pursuant to section 74-107(1) or (24), Idaho Code, the
petitioner shall be required to name as a party and serve the person or entity
that filed or provided such documents to the agency, and such person or
entity shall have standing to oppose the request for disclosure and to
support the decision of the agency to deny the request.
The time for
responsive pleadings and for hearings in such proceedings shall be set by
the court at the earliest possible time, or in no event beyond twenty-eight
(28) calendar days from the date of filing.
(2) The public agency shall keep all documents or records in
question until the end of the appeal period, until a decision has been
rendered on the petition, or as otherwise statutorily provided, whichever is
longer.
(3) Nothing contained in this chapter shall limit the availability of
documents and records for discovery in the normal course of judicial or
administrative adjudicatory proceedings, subject to the law and rules of
evidence and of discovery governing such proceedings. Additionally, in
any criminal appeal or post-conviction civil action, this chapter shall not
make available the contents of prosecution case files where such material
has previously been provided to the defendant nor shall this chapter be
available to supplement, augment, substitute or supplant discovery
procedures in any other federal, civil or administrative proceeding.
74-116. Order of the court – Court costs and attorney fees.
(1) Whenever it appears that certain public records are being
improperly withheld from a member of the public, the court shall order the
public official charged with withholding the records to disclose the public
record or show cause why he should not do so. The court shall decide the
case after examining the pleadings filed by the parties and such oral
Idaho Public Records Law Manual
arguments and additional evidence as the court may allow. The court may
examine the record in camera in its discretion.
(2) If the court finds that the public official’s decision to refuse
disclosure is not justified, it shall order the public official to make the
requested disclosure. If the court determines that the public official was
justified in refusing to make the requested record available, he shall return
the item to the public official without disclosing its content and shall enter
an order supporting the decision refusing disclosure. In any such action,
the court shall award reasonable costs and attorney fees to the prevailing
party or parties, if it finds that the request or refusal to provide records was
frivolously pursued.
74-117. Additional penalty. If the court finds that a public official has
deliberately and in bad faith improperly refused a legitimate request for
inspection or copying, a civil penalty shall be assessed against the public
official in an amount not to exceed one thousand dollars ($1,000), which
shall be paid into the general account.
74-118. Immunity. No public agency, public official, or custodian shall
be liable, nor shall a cause of action exist, for any loss or damage based
upon the release of a public record governed by the provisions of this
chapter if the public agency, public official or custodian acted in good faith
in attempting to comply with the provisions of this chapter.
74-119. Agency guidelines. By January 1, 2019, every state agency shall
adopt guidelines that identify the general subject matter of all public
records kept or maintained by the state agency, the custodian or custodians,
and the physical location of such documents. Public agencies shall
designate at least one (1) person as custodian to receive public records
requests and shall provide an alternate custodian or alternate custodians
for contingencies. If a public agency has a website, the agency shall note
the name and contact information of its custodian of records on its website
and shall promptly update such information when it changes.
74-120. Prohibition on distribution or sale of mailing or telephone
number lists – Penalty.
(1) Except as provided in subsections (2), (3), (4), (5), (6), (7), (8)
and (9) of this section, in order to protect the privacy of those who deal
with public agencies:
(a) No agency may distribute or sell for use as a mailing list or
a telephone number list any list of persons without first securing the
permission of those on the list; and
Idaho Public Records Law Manual
(b) No list of persons prepared by the agency may be used as a
mailing list or a telephone number list except by the agency or another
agency without first securing the permission of those on the list.
(2) Except as may be otherwise provided in this chapter, this
section does not prevent an individual from compiling a mailing list or a
telephone number list by examination or copying of public records,
original documents or applications which are otherwise open to public
inspection.
(3) The provisions of this section do not apply to the lists of
registered electors compiled pursuant to title 34, Idaho Code, or to lists of
the names of employees governed by chapter 53, title 67, Idaho Code.
(4) The provisions of this section shall not apply to agencies which
issue occupational or professional licenses.
(5) This section does not apply to the right of access either by Idaho
law enforcement agencies or, by purchase or otherwise, of public records
dealing with motor vehicle registration.
(6) This section does not apply to a corporate information list
developed by the office of the secretary of state containing the name,
address, registered agent, officers and directors of corporations authorized
to do business in this state or to a business information list developed by
the department of commerce containing the name, address, telephone
number or other relevant information of Idaho businesses or individuals
requesting information regarding the state of Idaho or to business lists
developed by the department of agriculture, market development division,
used to promote food and agricultural products produced in Idaho.
(7) This section does not apply to lists to be used for ordinary utility
purposes which are requested by a person who supplies utility services in
this state. Ordinary utility purposes, as used in this chapter only, do not
include marketing or marketing research.
(8) This section does not apply to lists to be used to give notice
required by any statute, ordinance, rule, law or by any governing agency.
(9) This section does not apply to student directory information
provided by colleges, universities, secondary schools and school districts
to military recruiters for military recruiting purposes pursuant to the
requirements of federal laws.
Idaho Public Records Law Manual
(10) Nothing in this section shall prohibit the release of information
to the state controller as the state social security administrator as provided
in section 59-1101A, Idaho Code.
(11) If a court finds that a person or public official has deliberately
and in bad faith violated the provisions of subsection (1)(a) or (1)(b) of
this section, the person or public official shall be liable for a civil penalty
assessed by the court in an amount not in excess of one thousand dollars
($1,000) which shall be paid into the general fund.
74-121. Replevin – public records – improper or unlawful transfer or
removal.
(1) Public records of the state and/or territory of Idaho are the
property of the citizens of the state in perpetuity and they may not be
improperly or unlawfully transferred or removed from their proper
custodian. For purposes of this section, the terms “public record” and
“record,” or plurals thereof, shall have the same meaning as “public
record” as provided in section 74-101, Idaho Code.
(2) For the purpose of this section, where public records of a county
or local district thereof are involved, all references to the state archivist
also refer to any responsible public official or records custodian and all
references to the attorney general also refer to county prosecutors.
(3) Whenever the state archivist or their designee has reasonable
grounds to believe that records belonging to the state, county or local
district thereof are in the possession of a person or entity not authorized by
law to possess those records, and such possession was acquired on or after
July 1, 2011, he or she may issue a written notice demanding that person
or entity to do either of the following within ten (10) calendar days of
receiving the notice:
(a) Return the records to the office of origin or the Idaho state
archives; or
(b) Respond in writing and declare why the records do not
belong to the state or a local agency.
(4) The notice and demand shall identify the records claimed to
belong to the state or local agency with reasonable specificity, and shall
specify that the state archivist may undertake legal action to recover the
records if the person or entity fails to respond in writing within the required
time or does not adequately demonstrate that the records do not belong to
the state or a local agency.
Idaho Public Records Law Manual
(5) If a person or entity that receives a written notice and demand
from the state archivist pursuant to this chapter fails to deliver the
described records, fails to respond to the notice and demand within the
required time, or does not adequately demonstrate that the records do not
belong to the state or a local agency, the state archivist may ask the
attorney general to petition a court of competent jurisdiction for an order
requiring the return of the records.
(6) The court may issue any order necessary to protect the records
from destruction, alteration, transfer, conveyance or alienation by the
person or entity in possession of the records, and may order that the records
be surrendered into the custody of the state archivist pending the court’s
decision on the petition.
(7) After a hearing, and upon a finding that the specified records
are in the possession of a person or entity not authorized by law to possess
the records, the court shall order the records to be delivered to the state
archivist or other official designated by the court.
(8) If the attorney general recovers a record under this section, the
court may award attorney’s fees and court costs.
(9) Notwithstanding any other provision of this section, any public
record that is in the custody of an organization or institution shall not be
subject to the provisions of this section provided:
(a) That professional standards recognized by the society of
American archivists for the management and preservation of historical
records are maintained; and
(b) Such records are accessible to the public in a manner
consistent with this chapter.
(10) When a record is returned pursuant to subsection (3)(a) of this
section, upon the request of the person, organization or institution that
returned the record, the record custodian that receives the record shall issue
to that person, organization or institution a copy or digital image of the
record which shall be certified as a true copy of the record that was
returned to the state or local agency, and dated on the same day the record
was returned.
74-122. Confidentiality language required in this chapter. On and
after January 1, 2016, any statute which is added to the Idaho Code and
provides for the confidentiality or closure of any public record or class of
public records shall be placed in this chapter. Any statute which is added
Idaho Public Records Law Manual
to the Idaho Code on and after January 1, 2016, and which provides for
confidentiality or closure of a public record or class of public records and
is located at a place other than this chapter shall be null, void and of no
force and effect regarding the confidentiality or closure of the public
record and such public record shall be open and available to the public for
inspection as provided in this chapter.
74-123. Idaho Code is property of the state of Idaho.
(1) The Idaho Code is the property of the state of Idaho, and the
state of Idaho and the taxpayers shall be deemed to have a copyright on
the Idaho Code. If a person reproduces or distributes the Idaho Code for
the purpose of direct or indirect commercial advantage, the person shall
owe to the Idaho code commission, as the agent of the state of Idaho, a
royalty fee in addition to the fee charged for copying the Idaho Code. Any
person who reproduces or distributes the Idaho Code in violation of the
provisions of this section, shall be deemed to be an infringer of the state of
Idaho’s copyright. The Idaho code commission, through the office of the
attorney general, is entitled to institute an action for any infringement of
that particular right committed while the Idaho code commission or its
designated agent has custody of the Idaho Code.
(2) A court having jurisdiction of a civil action arising under this
section may grant such relief as it deems appropriate. At any time while an
action under this section is pending, the court may order the impounding,
on such terms as it deems reasonable, of all copies claimed to have been
made or used in violation of the Idaho code commission’s copyright
pursuant to this section.
(3) An infringer of the state of Idaho’s copyright pursuant to this
section is liable for any profits the infringer has incurred by obtaining the
Idaho Code for commercial purposes or is liable for statutory damages as
provided in subsection (4) of this section.
(4) The Idaho code commission, as agent of the copyright owner,
may elect, at any time before final judgment is rendered, to recover, instead
of actual damages and profits, an award of statutory damages for all
infringements involved in the action, with respect to the Idaho Code for
which any one (1) infringer is liable individually, or for which any two (2)
or more infringers are liable jointly and severally, in a sum of not less than
two hundred fifty dollars ($250) or more than ten thousand dollars
($10,000), as the court considers just.
Idaho Public Records Law Manual
(5) In any civil action under this section, the court may allow the
recovery of full costs by or against any party and may also award
reasonable attorney’s fees to the prevailing party as part of the costs.
(6) The Idaho code commission is hereby authorized to license and
charge fees for the use of the Idaho Code. The Idaho code commission may
grant a license for the use of the Idaho Code to a public agency in the state
and waive all or a portion of the fees. All fees recovered by the Idaho code
commission shall be deposited in the general account.
74-124. Exemptions from disclosure – Confidentiality.
(1) Notwithstanding any statute or rule of court to the contrary,
nothing in this chapter nor chapter 10, title 59, Idaho Code, shall be
construed to require disclosure of investigatory records compiled for law
enforcement purposes by a law enforcement agency, but such exemption
from disclosure applies only to the extent that the production of such
records would:
(a) Interfere with enforcement proceedings;
(b) Deprive a person of a right to a fair trial or an impartial
adjudication;
(c) Constitute an unwarranted invasion of personal privacy;
(d) Disclose the identity of a confidential source and, in the
case of a record compiled by a criminal law enforcement agency in the
course of a criminal investigation, confidential information furnished only
by the confidential source;
(e) Disclose investigative techniques and procedures;
(f) Endanger the life or physical safety of law enforcement
personnel; or
(g) Disclose the identity of a reporting party maintained by any
law enforcement entity or the department of health and welfare relating to
the investigation of child abuse, neglect or abandonment unless the
reporting party consents in writing to the disclosure or the disclosure of
the reporting party’s identity is required in any administrative or judicial
proceeding.
(2) Notwithstanding subsection (1) of this section, any person
involved in a motor vehicle collision which is investigated by a law
Idaho Public Records Law Manual
enforcement agency, that person's authorized legal representative and the
insurer shall have a right to a complete, unaltered copy of the impact
report, or its successors, and the final report prepared by the agency.
(3) An inactive investigatory record shall be disclosed unless the
disclosure would violate the provisions of subsection (1)(a) through (g) of
this section. Investigatory record as used herein means information with
respect to an identifiable person or group of persons compiled by a law
enforcement agency in the course of conducting an investigation of a
specific act or omission and shall not include the following information:
(a) The time, date, location, and nature and description of a
reported crime, accident or incident;
(b) The name, sex, age, and address of a person arrested, except
as otherwise provided by law;
(c) The time, date, and location of the incident and of the arrest;
(d) The crime charged;
(e) Documents given or required by law to be given to the
person arrested;
(f) Informations and indictments except as otherwise provided
by law; and
(g) Criminal history reports.
As used herein, the term “law enforcement agency” means the office
of the attorney general, the office of the state controller, the Idaho state
police, the office of any prosecuting attorney, sheriff or municipal police
department.
(4) Whenever it is made to appear by verified petition to the district
court of the county where the records or some part thereof are situated that
certain investigative records are being improperly withheld from a member
of the public, the court shall order the officer or person charged with
withholding the records to disclose the investigative record or show cause
why he should not do so. The court shall decide the case after examining
the record in camera, papers filed by the parties, and such oral argument
and additional evidence as the court may allow.
If the court finds that the public official’s decision to refuse
disclosure is not justified, he shall order the public official to make the
Idaho Public Records Law Manual
record public. If the judge determines that the public official was justified
in refusing to make the record public, he shall return the item to the public
official without disclosing its content with an order supporting the decision
refusing disclosure. Any person who fails to obey the order of the court
shall be cited to show cause why he is not in contempt of court. The court
may, in its discretion, award costs and fees to the prevailing party.
74-125. Evidence from preliminary hearing – Admission –
Requirements.
Prior to admitting into evidence recorded testimony from a
preliminary hearing, the court must find that the testimony offered is:
1. Offered as evidence of a material fact and that the testimony is
more probative on the point for which it is offered than any other evidence
which the proponent can procure through reasonable efforts; and
2. That the witness is, after diligent and good faith attempts to
locate, unavailable for the hearing; and
3. That at the preliminary hearing, the party against whom the
admission of the testimony is sought had an adequate opportunity to
prepare and cross-examine the proffered testimony.
74-126. Public Records Requests – Legislature.
(1) A public records request for the legislature shall be made to the
speaker of the house of representatives and the president pro tempore of
the senate. A copy of such request shall be contemporaneously submitted
to the legislative services office.
(2) A public records request for the house of representatives shall
be made to the speaker of the house of representatives, and a copy of such
request shall be contemporaneously submitted to the legislative services
office. A public records request for the senate shall be made to the
president pro tempore of the senate, and a copy of such request shall be
contemporaneously submitted to the legislative services office.
(3) A public records request for an individual legislator shall be
made to such individual legislator, and a copy of such request shall be
contemporaneously submitted to the legislative services office.
(4) For purposes of this section, “contemporaneously” means that
a copy of a request for public records shall be submitted to the legislative
services office on the same business day as the request is made.
Idaho Public Records Law Manual
(5) The legislature, either house of the legislature, or an individual
legislator shall not be obligated to respond to a public records request that
does not comply with the requirements of this section.
74-127. Severability. The provisions of this act are hereby declared to be
severable and if any provision of this act or the application of such
provision to any person or circumstance is declared invalid for any reason,
such declaration shall not affect the validity of remaining portions of this
act.
Idaho Public Records Law Manual
SUMMARY OF DECISIONS INTERPRETING THE IDAHO
PUBLIC RECORDS STATUTE
IDAHO ATTORNEY GENERAL’S OFFICE
Reported Decisions
1. Adams County Abstract Co. v. Fisk, 117 Idaho 513, 788 P.2d
1336 (Ct. App. 1990) (title company did not have the right to make
photocopies with its own private equipment in the courthouse).
2. Bolger v. Alan G. Lance, Idaho State Attorney General, 137
Idaho 792, 53 P.3d 1211 (2002). (Under the Public Records Law, the office
of the Attorney General is considered a law enforcement agency. An
individual does not have the right to examine investigatory records about
himself during an ongoing investigation.)
3. Cowles Publishing Co. v. Kootenai County Board of
Commissioners, 144 Idaho 259, 159 P.3d 896 (2007) (e-mail
correspondence, even though of a personal nature, may constitute a public
record if it relates to the conduct or administration of public business and
provides an explanation for a public official’s actions, provided that the
document is owned, used, or retained by a public agency).
4. Dalton v. Idaho Dairy Products Comm’n, 107 Idaho 6, 684 P.2d
983 (1994) (list of names of state farmers was a public record subject to
disclosure).
5. Federated Publications, Inc. v. Boise City, 128 Idaho 459, 915
P.2d 21 (1996) (under Idaho Code § 9-340(3)(a) [now Idaho Code § 9-
340C(1)], the names and resumes of applicants for appointment to a
vacancy in city council, and an internal review of a police shooting
incident, may be subject to disclosure).
6. Fox v. Estep, 118 Idaho 454, 797 P.2d 854 (1990) (county clerk’s
“raw notes” of meeting of county commissioners could be public records
within the scope of the law).
7. Henry v. Taylor, 152 Idaho 155 (2012) (records regarding
prosecuting attorney’s private bank account were public records).
8. Hymas v. Meridian Police Dept., 156 Idaho 739, 330 P.3d 1097
(2014) (on going nature of investigation into decedent’s death was not a
sufficient basis for police department to categorically deny petitioners’
public records request in its entirety).
Idaho Public Records Law Manual
9. Wade v. Taylor, 156 Idaho 91, 320 P.3d 1250 (2014) (district
court lacked statutory authority to limit disclosure of public records to
petitioner and his attorney).
10. Ward v. Portneuf Medical Center, Inc., 150 Idaho 501 (2011)
(Agency’s sale of its medical center to a private entity did not alter status
of agency’s public records that were subject to disclosure under Public
Records Act at time of petitioner’s request).
Unreported Decisions
(On File with the Office of Attorney General)
1. APG Media of the Rockies, LLC, dba The Post Register v.
Ronald Nate, Case No. CV-2016-435 (7
th
Dist.-Tingey 2017) (whether a
recording of a conversation between legislators should be disclosed as a
public record).
2. Benson v. Industrial Comm’n, Case No. 94600 (4th Dist.-Carey
1993) (workers compensation files were medical records exempt under
Idaho Code § 9-340(26)); Benson v. Industrial Comm’n, Case No. 94600
(4th Dist.-Carey 1992) (statistical compilations are public records and may
be subject to disclosure even though they may be used to blacklist
prospective employees).
3. Bingham v. Blackfoot School District #55, Case No. CV-2012-
0002123 (7
th
Dist.-Nye 2012) (whether a school district separation contract
is a personnel record exempt from disclosure).
4. Boise State University v. Smith, Case No. 97785 (4th Dist. 1995)
(sweeping public records request, subsequently made more specific by the
requester, but still “extremely broad,” must nonetheless be filled under the
public records statute).
5. CNN v. Blaine County, Case No. CV-2014-437 (5
th
Dist.-Elgee
2014) (whether an agency in charge of a record has the discretion to
determine whether disclosure of a particular reported “crime, accident or
incident” may be prohibited because disclosure would constitute an
“unwarranted invasion of privacy.”)
6. Doe v. Garcia, Case No. 95805 (4th Dist.-McKee 1993) (court
grants motion to quash subpoena for taking deposition duces tecum, and
“does not wish to encourage the practice of using the Prosecutor’s files as
a source of preparation for civil lawsuits”).
Idaho Public Records Law Manual
7. Eugene Television, Inc. v. Montgomery, Case No. 90556 (4th
Dist.-Schwartzman 1988) (under Idaho Code § 9-335(1)(e), tape
recordings made by police dispatch center were exempt from public
records disclosure because disclosure would divulge police investigative
techniques used during bank robberies).
8. Federated Publications, Inc. v. Carvino, Case No. 96459 (4th
Dist.-Carey 1994) (where state had decided not to prosecute, police reports
were subject to disclosure except identifying information relating to
witnesses was exempt under Idaho Code § 9-335(1)(c) and all references
to mental commitment of the potential defendant were exempt under Idaho
Code § 66-348) (internal report of investigation of police shooting exempt
as personnel records under Idaho Code § 9-340(3) [now Idaho Code § 9-
340C]).
9. Federated Publications, Inc. v. City of Meridian, Case No. 06708
(4
th
Dist.-McKee 1998) (documents submitted in connection with
applications for employment, including application forms or resumes for
the position of director of parks and recreation, are exempt under Idaho
Code § 9-340(3)(a)[1997] because director does not serve a fixed term, is
not elected, is not required to take an oath of office, has no responsibility
or authority to set policy and is, therefore, an “employee” as opposed to a
“public official”).
10. Federated Publications, Inc. v. Schroeder, Case No. 98036 (4th
Dist.-Carey 1994) (assessor’s list subject to disclosure so long as requester
complied with Idaho Code § 9-348(1); assessor was required to provide
public records only in a reasonable format, not necessarily in the particular
format requested).
11. Hampel v. The City of Boise, Case No. 08148 (4
th
Dist.-Neville
2011) (examining the law enforcement exemption to the Public Records
Act).
12. Howe v. City of Boise, Case No. 98224 (4th Dist.-Carey 1995)
(city could designate county as its public records custodian under Idaho
Code § 9-338(9)) (county could ask the identity of the person making the
request) (under Idaho Code § 9-335, county properly deleted identifying
information from accident reports disclosed, except for certain names, sex,
ages, and addresses of persons who were arrested, which should have been
disclosed).
13. Idaho Press Club, Inc. v. Ada County, Case No. CV 01-19-16277
(4
th
Dist.-Bail) (A public record can only be withheld if there is a clear and
statutorily-grounded justification.)
Idaho Public Records Law Manual
14. In re: Petition of Elaine Maybury, Case No. 95412 (4th Dist.-
Newhouse 1992) (initial police report was exempt under Idaho Code § 9-
335(2)(a), but affidavits received by police after initial investigation were
subject to disclosure).
15. Lepin v. Hall, Case No. 92780 (4th Dist.-Schwartzman 1990)
(requested criminal file exempt under Idaho Code § 9-335(1)(c) because
public disclosure would not shed “light on a governmental agency’s
performance of its statutory obligations,” and would constitute an
unwarranted invasion of personal privacy).
Attorney General’s Office Analyses
1. Attorney General Opinion No. 95-06, October 26, 1995 (under
Idaho Code § 9-343(3) an exemption from disclosure under public records
law does not limit the requirement to comply with a subpoena issued in an
administrative adjudicatory proceeding and compelling the production of
public records).
2. Attorney General’s Legal Guideline, March 7, 1996 (draft
minutes and tape recordings of the meetings of state regulatory boards are
“public records” under public records statute, whether or not the board has
approved or reviewed the records).
3. Attorney General’s Legal Guideline, October 5, 1995
(membership list of Idaho Historical Society was public record but
excluded from disclosure in this case under Idaho Code § 9-348).
4. Attorney General’s Legal Guideline, August 9, 1995 (draft
administrative rules in the possession of administrative rules coordinator
are “public records” under public records statute and, under Idaho Code §
9-338(8), access to the record may not be restricted by charging a fee
beyond the copying cost).
5. Attorney General’s Legal Guideline, January 25, 1993 (city may
not pass ordinance to allow it to charge a fee in excess of actual cost of
reproducing requested public records despite the “otherwise provided by
law” language of Idaho Code § 9-338(8)).
Idaho Public Records Law Manual
SAMPLE LETTERS
Sample Email Request
From: Jane Q. Public (janeqpublic@email.com)
Sent: Wednesday, June 29, 2022 12:00 PM
To: publicrecordsrequests@publicentity.gov
Subject: Public Records Request
Dear Public Records Custodian,
I would like to make a public records request for all data breach
information submitted to your office between January 1, 2022 and
January 10, 2022. If possible, I would prefer digital delivery of any
responsive materials.
Thank you,
Jane Public
1234 W. 1st St.
Boise, ID 83720
Idaho Public Records Law Manual
Sample Form Request
The following Public Records Request was submitted to our office on
06/29/2022.
CONSTITUENT INFORMATION
Mrs. Jane Public
1234 W. 1st St.
Boise, ID 83720
Email: janeqp[email protected]
Phone Number: (208) 555-5555
INFORMATION ON PUBLIC RECORDS REQUEST
Their preferred method of records delivery: Email / Digital
Description of the records they are requesting:
I would like to request all data breach information submitted to your
office between January 1, 2022 and January 10, 2022.
Idaho Public Records Law Manual
Sample 10 Day Extension Letter
Idaho Public Records Law Manual
Sample Denial Letter
