House File 571 - Introduced HOUSE FILE 571 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO HF 213) A BILL FOR An Act relating to the confidentiality of information contained 1 in audio and video call recordings. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1445HV (2) 87 rh/rj

H.F. 571 Section 1. Section 22.7, subsection 2, Code 2017, is amended 1 to read as follows: 2 2. a. (1) Hospital records, medical records, and 3 professional counselor records of the condition, diagnosis, 4 care, or treatment of a patient or former patient or a 5 counselee or former counselee, including outpatient. 6 (2) For purposes of this paragraph, “medical records” 7 includes medical information contained in an audio or video 8 call recording, including but not limited to an audio or video 9 911 recording, relating to the injury or medical condition 10 of a person who is the subject of the call. Such medical 11 information may be shared with persons or entities that provide 12 emergency fire, law enforcement, ambulance, or medical services 13 that have a need for such medical information in order to 14 perform their duties. Such shared medical information shall 15 continue to maintain its confidential status and shall not 16 otherwise be shared by the receiving person or entity. 17 b. However, confidential Confidential communications 18 between a crime victim and the victim’s counselor are not 19 subject to disclosure except as provided in section 915.20A . 20 c. However, the The Iowa department of public health shall 21 adopt rules which provide for the sharing of information among 22 agencies and providers concerning the maternal and child 23 health program including but not limited to the statewide 24 child immunization information system, while maintaining an 25 individual’s confidentiality. 26 Sec. 2. Section 22.7, Code 2017, is amended by adding the 27 following new subsection: 28 NEW SUBSECTION . 5A. Information contained in audio or video 29 call recordings including transcripts of such call recordings 30 if the person making the call or the person who is the subject 31 of the call is a person under the age of eighteen. However, a 32 parent or guardian of a person under the age of eighteen who 33 is the subject of the call may request and receive information 34 contained in the audio or video call recording upon the 35 -1- LSB 1445HV (2) 87 rh/rj 1/ 3

H.F. 571 conclusion of any criminal investigation relating to the call. 1 For the purpose of this subsection, “call recordings” includes 2 but is not limited to 911 call recordings. 3 EXPLANATION 4 The inclusion of this explanation does not constitute agreement with 5 the explanation’s substance by the members of the general assembly. 6 This bill relates to the confidentiality of information 7 contained in audio and video call recordings. 8 Under current law, medical records of a government body 9 under Code chapter 22 (Iowa’s public records law) are required 10 to be kept confidential, unless otherwise ordered by a court, 11 by the lawful custodian of the records, or by another person 12 duly authorized to release such information. The bill provides 13 that the term “medical records” in this provision includes 14 medical information contained in an audio or video call 15 recording, including but not limited to an audio or video 911 16 call recording, relating to the injury or medical condition of 17 a person who is the subject of the call. However, such medical 18 information may be shared with persons or entities that provide 19 emergency fire, law enforcement, ambulance, or medical services 20 that have a need for the information in the performance of 21 their duties. Such shared medical information shall remain 22 confidential and shall not otherwise be shared by the receiving 23 person or entity. 24 The bill amends Code section 22.7, concerning the 25 confidentiality of public records, to provide that information 26 contained in audio or video call recordings including 27 transcripts of such call recordings is confidential if the 28 person making the call or the person who is the subject of the 29 call is a person under the age of 18. However, a parent or 30 guardian of a person under the age of 18 who is the subject 31 of the call may request and receive information contained in 32 the audio or video call recording upon the conclusion of any 33 criminal investigation relating to the call. The term “call 34 recordings” includes but is not limited to 911 call recordings. 35 -2- LSB 1445HV (2) 87 rh/rj 2/ 3

H.F. 571 Code section 22.7 provides that certain public records shall be 1 kept confidential unless released by court order, by the lawful 2 custodian of the records, or by another person duly authorized 3 to release the records. 4 -3- LSB 1445HV (2) 87 rh/rj 3/ 3