HF 571 (LSB 1445HV (2) 87)

HOUSE FILE 571

BY  COMMITTEE ON STATE GOVERNMENT

(SUCCESSOR TO HF 213)

A BILL FOR

An Act relating to the confidentiality of information contained in audio and video call recordings.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 22.7, subsection 2, Code 2017, is amended to read as follows:
   2.  a.  (1)  Hospital records, medical records, and professional counselor records of the condition, diagnosis, care, or treatment of a patient or former patient or a counselee or former counselee, including outpatient.
   (2)  For purposes of this paragraph, “medical records” includes medical information contained in an audio or video call recording, including but not limited to an audio or video 911 recording, relating to the injury or medical condition of a person who is the subject of the call. Such medical information may be shared with persons or entities that provide emergency fire, law enforcement, ambulance, or medical services that have a need for such medical information in order to perform their duties. Such shared medical information shall continue to maintain its confidential status and shall not otherwise be shared by the receiving person or entity.
   b.  However, confidential Confidential communications between a crime victim and the victim’s counselor are not subject to disclosure except as provided in section 915.20A.
   c.  However, the The Iowa department of public health shall adopt rules which provide for the sharing of information among agencies and providers concerning the maternal and child health program including but not limited to the statewide child immunization information system, while maintaining an individual’s confidentiality.
    Sec. 2.  Section 22.7, Code 2017, is amended by adding the following new subsection:
   NEW SUBSECTION.  5A.  Information contained in audio or video call recordings including transcripts of such call recordings if the person making the call or the person who is the subject of the call is a person under the age of eighteen. However, a parent or guardian of a person under the age of eighteen who is the subject of the call may request and receive information contained in the audio or video call recording upon the conclusion of any criminal investigation relating to the call. For the purpose of this subsection, “call recordings” includes but is not limited to 911 call recordings.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the confidentiality of information contained in audio and video call recordings.
   Under current law, medical records of a government body under Code chapter 22 (Iowa’s public records law) are required to be kept confidential, unless otherwise ordered by a court, by the lawful custodian of the records, or by another person duly authorized to release such information. The bill provides that the term “medical records” in this provision includes medical information contained in an audio or video call recording, including but not limited to an audio or video 911 call recording, relating to the injury or medical condition of a person who is the subject of the call. However, such medical information may be shared with persons or entities that provide emergency fire, law enforcement, ambulance, or medical services that have a need for the information in the performance of their duties. Such shared medical information shall remain confidential and shall not otherwise be shared by the receiving person or entity.
   The bill amends Code section 22.7, concerning the confidentiality of public records, to provide that information contained in audio or video call recordings including transcripts of such call recordings is confidential if the person making the call or the person who is the subject of the call is a person under the age of 18. However, a parent or guardian of a person under the age of 18 who is the subject of the call may request and receive information contained in the audio or video call recording upon the conclusion of any criminal investigation relating to the call. The term “call recordings” includes but is not limited to 911 call recordings. Code section 22.7 provides that certain public records shall be kept confidential unless released by court order, by the lawful custodian of the records, or by another person duly authorized to release the records.