Section 17.19.9. Disclosures without consent of the subject.

       19.9(1) Disclosure. Open records are frequently disclosed without consent of the subject.

       19.9(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 without notice to the subject:

        a.           For a routine use, as defined in rule 17—19.10(17A,22), or in the notice for a particular record system.

        b.           To a recipient who has provided the agency with advance written assurance that the record will be used solely as a statistical research or reporting record; provided, that, the record is transferred in a form that does not identify the subject.

        c.           To another government agency or to an instrumentality of any governmental jurisdiction within or under the control of the United States for a civil or criminal law enforcement activity, if the activity is authorized by law, and if the head of the government agency or instrumentality has submitted a written request to the agency specifying the record desired and the law enforcement activity for which the record is sought.

        d.           To an individual pursuant to a showing of compelling circumstances affecting the health or safety of an individual if a notice of the disclosure is transmitted to the last-known address of the subject.

        e.           To the legislative services agency.

        f.            Disclosures in the course of employee disciplinary proceedings.

        g.           In response to a court order or subpoena.

[ARC 8489B, IAB 1/27/10, effective 1/7/10]