Idaho State Statutes - Idaho Attorney Directory

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, 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, 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. 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;
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 state lottery for lottery games;
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 or independent
public body corporate 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 or independent public body corporate and politic, such as
bonds, compiled by the public agency or independent public body corporate
and politic pursuant to law;
(d) Records, with regard to the ownership of, or security interests in,
registered public obligations;
(e) Vital statistics records; and
(f) Military records as described in and pursuant to section 65-301,
Idaho Code.
(5) Information in an income or other tax return measured by items of
income or sales, which 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 the elderly, indigent, or mentally or physically
handicapped, 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 and unemployment insurance benefit
information, except that all interested parties may agree to waive the
exemption.
(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 or independent public body
corporate and politic 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 Code. Any agency
which 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 section 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 shall be
exempt from disclosure. 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
locate any individuals in the child support case except in response to a court
order.
(22) Records of the Idaho state bar lawyer's 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 trauma 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 card on file in the county clerk's
office; however, a redacted copy of said card 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 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.

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