Iowa Administrative Code

80.10(1) Defined. “Routine use” means the disclosure of a record without the consent of the subject or subjects, for a purpose which is compatible with the purpose for which the record was collected. It includes disclosures required to be made by statute other than the public rec…

the records management information required by Iowa Code chapter 22. The manual is available for examination and copying at the Public Information Bureau, Department of Public Safety, State Public Safety Headquarters Building, 215 East 7th Street, Des Moines, Iowa 50319. [ARC 756…

common data elements can potentially match, collate or compare personally identifiable information. [ARC 7562B, IAB 2/11/09, effective 4/1/09]

that are confidential, in addition to those listed in Iowa Code chapter 22. This rule is not exhaustive. 1. Investigative reports including laboratory reports. (Iowa Code sections 22.7, 622.11, 692.2) 2. Criminal histories. (Iowa Code sections 22.7, 622.11, 692.2) 3. Intelligence…

Notwithstanding any statutory confidentiality provision, the department may share information with the child support recovery unit of the Iowa department of human services through manual or automated means for the sole purpose of identifying licensees or applicants subject to enf…

80.15(1) An official photograph of or personal information about an employee of the department who is an officer as defined in Iowa Code section 80F.1 shall be released only if either of the following is true: a. The employee has signed a written release giving permission to rele…

open records. It also seeks to facilitate sound agency determinations with respect to the handling of confidential records and the implementation of the fair information practices Act. This agency is committed to the policies set forth in Iowa Code chapter 22; agency staff shall …

80.3(1) Location of record. A request for access to a record should be directed to the office where the record is kept. If the location of the record is not known by the requester, the request shall be directed to the Public Information Bureau, Department of Public Safety, State …

governing public access to confidential records in addition to those specified for all records in rule 661—80.3(17A,22). These provisions do not apply to law enforcement agencies, agencies of government or persons authorized by Iowa Code chapter 692 or 100A to receive confidentia…

80.5(1) Any person who would be substantially or irreparably injured by disclosure of all or a part of a record to members of the public may file a request, as provided in this rule, for its treatment as a confidential record. Failure of a person to request confidential record tr…

into the record. Except as otherwise provided by law, the subject of a record shall have the right to have a written statement of additions, dissents, or objections entered into the record. The subject shall send the statement to the custodian of the record. The statement must be…

confidential record may consent to agency disclosure to a third party of that portion of the record concerning the subject. The consent must be in writing and must identify the particular record or records that may be disclosed, the particular person, or class of persons, to whom…

80.9(1) Open records are routinely disclosed without the consent of the subject. 80.9(2) To the extent allowed by law, disclosure of confidential records may occur without the consent of the subject. Following are instances where disclosure, if lawful, will generally occur withou…

661—81.5(692). “Criminal intelligence file” means information stored in a criminal intelligence system that is compiled in an effort to anticipate, prevent, or monitor possible criminal activity on: 1. An individual who, based upon reasonable grounds, is believed to be involved i…

81.2(1) LEIN information system. The Iowa law enforcement intelligence network (LEIN) information system is the statewide interjurisdictional intelligence system maintained and operated by the intelligence bureau of the department of public safety, for the regular interagency exc…

safety shall adopt administrative, technical, and physical safeguards, including audit trails, to ensure against unauthorized access and against intentional or unintentional damage to the LEIN information system. These safeguards shall include, but are not limited to, the followi…

81.4(1) The intelligence bureau of the department of public safety shall regularly review the information in criminal intelligence files for reclassification or purging. Decisions to retain, reclassify, or purge criminal intelligence files shall: a. Ensure that the information is…

public safety in writing without delay and, in any event, by the end of the next business day of the receipt of any subpoena, court order, request for production, or other legal process demanding the production of a criminal intelligence file, so that the department has an opport…

division of criminal investigation of the department of public safety maintains information necessary to identify persons with criminal histories. The section collects, files and disseminates criminal history data to authorized criminal justice agencies and to the public upon req…

identification section are public records and are released to criminal justice agencies and the public as authorized by statute. Only the department of public safety may release criminal history information maintained by the department to non-criminal justice agencies or persons.…

division of criminal investigation has the right to examine and obtain a copy of the record. This right may be exercised by an attorney acting on behalf of a person with a criminal history record only with written authorization and fingerprint identification of the person with th…

authorization from the individual, may obtain a copy of the individual’s criminal history record during normal business hours at the headquarters of the division or by submitting a request on a form provided by the department of public safety. A copy of this request form may be o…

inaccuracies exist in the individual’s criminal history record, notice may be filed with the division outlining the alleged inaccuracies and should be accompanied by any available supporting data. In all instances where a notice is so filed, the division shall contact the appropr…

county and the chief of police of each city shall complete the arresting agency portion of the final disposition forms with the arrest information for all persons whose fingerprints are taken in accordance with these rules or Iowa Code section 690.2, and thereafter forward the fo…

without new charges being filed or when a case is ignored by a grand jury, the county attorney or juvenile court officer who received the referral shall complete a final disposition form and submit it to the division of criminal investigation within 30 days. When an indictment is…

82.107(1) The department may release criminal history information to any person or public or private agency upon request by any method approved by the department. Requesters may not receive information regarding arrests older than 18 months that do not have dispositions or deferr…

checks made for non-criminal justice agencies and individuals pursuant to these rules are based upon name, including maiden name and aliases, if any, and birth date. This information may not be sufficient to effect a precise identification of a subject. A record check based solel…

criminal history information shall be assessed a fee. The department may accept cash, money orders, checks, or credit cards. Other arrangements may be made, such as a prepaid account. The fee for receipt of criminal history information from the department shall be not more than $…

82.110(1) Requests for criminal history data. a. Persons or agencies requesting criminal history data should direct requests in writing using forms or methods approved by the commissioner of public safety. Forms to use in requesting criminal history information may be requested b…

82.111(1) The commissioner of public safety may deny or restrict access to criminal history data maintained by the records and identification section of the division of criminal investigation to any agency that fails to comply with the requirements of Iowa Code chapters 690 and 6…

82.112(1) The department of public safety may process requests for national criminal history record checks for a qualified entity or authorized agency. 82.112(2) All qualified entities or authorized agencies requesting criminal history record checks shall be required to pay any a…

DIVISION II FINGERPRINT RECORDS

661—82.301(232): “Authorized agency” means a division or office of the state of Iowa designated to report, receive, or disseminate information under Iowa state law, administrative rule or Public Law 103-209. “Criminal identification records” means either of the following records,…

files. [ARC 8936B, IAB 7/14/10, effective 9/1/10]

Code sections 232.148(2), 690.2 and 690.4. Fingerprints taken pursuant to these sections shall be submitted to the records and identification section of the division of criminal investigation within two working days, and the department shall submit the fingerprints to the Federal…

DIVISION III JUVENILE RECORDS

investigation shall establish an internal procedure for tracking criminal history data expunged from the files of the division. [ARC 8936B, IAB 7/14/10, effective 9/1/10]

82.301(1) Authority to fingerprint. A law enforcement agency shall fingerprint and photograph any juvenile who has been taken into custody and charged with the commission of an offense which would be a serious misdemeanor, aggravated misdemeanor or felony if committed by an adult…

DIVISION I CRIMINAL HISTORY DATA

Iowa Code chapter 692A, is hereby established in the division of criminal investigation.

661—83.5(692A). “Aggravated offense” means a conviction for any of the following offenses: 1. Sexual abuse in the first degree in violation of Iowa Code section 709.2. 2. Sexual abuse in the second degree in violation of Iowa Code section 709.3. 3. Sexual abuse in the third degre…

the Iowa sex offender registry. Supplies of these forms may be obtained by contacting the Iowa sex offender registry at the division of criminal investigation. 83.3(1) Notification. Form DCI-144, Notification of Registration Requirement, which notifies offenders of their duty to …

83.4(1) Release of information to criminal or juvenile justice agencies. The department may, without restriction, release information regarding any registrant to any criminal or juvenile justice agency, an agency of the state of Iowa, any sex offender registry of another state, o…

83.3(9) Fees. Each registrant shall pay a fee of $25 to the sheriff of the county in which the registrant maintains a principal residence upon establishment of the principal residence and annually thereafter. If the registrant maintains more than one principal residence simultane…

communications service provider database is established in the department of public safety. All wireless communications service providers authorized to do business in the state of Iowa, or submitting to the jurisdiction of the state of Iowa, shall submit current contact informati…

661—87.6(34A): “Department” means the Iowa department of public safety. “Public safety answering point” or “PSAP” means the same as defined in Iowa Code section 34A.2(16). [ARC 2335C, IAB 1/6/16, effective 2/10/16]

within the department. The information in the database shall only be available to law enforcement agencies and PSAPs and only as authorized in Iowa Code section 34A.16 and these rules. [ARC 2335C, IAB 1/6/16, effective 2/10/16]

provider database maintained by the department and all inquiries and results of inquiries to the service providers are confidential records pursuant to Iowa Code section 22.7(5) and chapter 692 and any other applicable federal or state laws or rules. [ARC 2335C, IAB 1/6/16, effec…

87.5(1) A wireless communications service provider shall provide the following information for the database: a. Company name of the provider; b. Physical address; c. Mailing address; d. Name of the point of contact for the provider; e. Phone number and alternate phone number for …