Idaho State Statutes - Idaho Attorney Directory

9-340B - RECORDS EXEMPT FROM DISCLOSURE -- LAW ENFORCEMENT RECORDS, INVESTIGATORY RECORDS OF AGENCIES, EVACUATION AND EMERGENCY RESPONSE PLANS, WORKER'S COMPENSATION

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:
(1) Investigatory records of a law enforcement agency, as defined in
section 9-337(6), Idaho Code, under the conditions set forth in section 9-335,
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 which 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 under 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
Idaho 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;
(v) Records of a prisoner, as defined in section 9-337(9), Idaho
Code, or probationer shall not be disclosed to any other prisoner or
probationer.
(b) Records of buildings, facilities, infrastructures and systems held by
or in the custody of any public agency only when the disclosure of such
information would jeopardize the safety of persons 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 section
"system" shall mean electrical, heating, ventilation, air conditioning and
telecommunication systems.
(c) Records of the commission of pardons and parole shall be exempt from
public disclosure pursuant to section 20-213A, Idaho Code, and section
20-223, Idaho Code. Records exempt from disclosure shall also include
those containing the names, addresses and written statements of victims.
(5) Voting records of the sexual offender classification board. In
accordance with section 18-8315, Idaho Code, 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 section 18-3302, Idaho Code, relating to an applicant or licensee.
(7) Records of investigations prepared by the department of health and
welfare pursuant to its statutory responsibilities dealing with the protection
of children, the rehabilitation of youth, adoptions and the commitment of
mentally ill persons.
(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
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 by 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 under
chapter 10, title 72, Idaho Code.

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