News

List of confidential records growing in Iowa

Published: Tuesday, January 13, 2004 2:57 PM CST

DES MOINES (AP) -- Lawmakers are likely to consider blocking public access to certain transportation and economic development records this session, following votes in recent years to close autopsy and other records.

"It seems that almost every session there's an attempt to close off more information," said Kathleen Richardson, executive secretary of the Iowa Freedom of Information Council.

The list of exceptions to the state's open records law has grown by 29 since the public records law was revised in 1984. Now there are 47 types of records that must be kept confidential under the law.

Dr. Julia Goodin, state medical examiner, said she wanted to protect the privacy of the dead when she asked the Legislature to make autopsy records confidential.

She said information on death investigations is more appropriately released by police, but critics argue that police have the nearly unlimited discretion to withhold such information.

Sylvia Piper, executive director of Iowa Protection and Advocacy, a federally funded watchdog agency for people with disabilities, said it interferes with investigations and hinders the public's right to know about impropriety in cases of suspicious or unexplained deaths.

"We understand the importance of confidentiality where families are concerned," she said. "However, from the standpoint of the public's right to know, we see it as very problematic."

Lawmakers cited homeland security as the reason for sealing other documents, including airport and utility records and plans to protect power plants, government buildings and other "critical assets."

Lawmakers say they don't take requests to seal records lightly.

"I think the general feeling is that we want to be very cautious about granting exemptions in those cases ... when you start those exemptions, they're pretty hard to rescind later," said Rep. Jeff Elgin, a Cedar Rapids Republican who heads the House State Government Committee.

Under a law passed two years ago, the list of important facilities may be viewed at the Department of Emergency Management offices, but the person inspecting the list cannot copy it.

"You can't make copies. You can't keep notes," said Ellen Gordon, the state's homeland security coordinator. Anyone wanting to examine the list must make a written request to Gordon.

Gordon's staff is working with the Iowa Department of Transportation on legislation creating a new exception to the open records law involving designs for bridges and other parts of the state's highway system.

In the area of economic development, the Greater Des Moines Partnership will ask lawmakers to allow cities and counties to keep details of their negotiations with business prospects confidential.

The Iowa Department of Economic Development already has that protection under current law.