22.2  Right to examine public records — exceptions.
  1.  Every person shall have the right to examine and copy a public record and to publish or otherwise disseminate a public record or the information contained in a public record. Unless otherwise provided for by law, the right to examine a public record shall include the right to examine a public record without charge while the public record is in the physical possession of the custodian of the public record. The right to copy a public record shall include the right to make photographs or photographic copies while the public record is in the possession of the custodian of the public record. All rights under this section are in addition to the right to obtain a certified copy of a public record under section 622.46.
  2.  A government body shall not prevent the examination or copying of a public record by contracting with a nongovernment body to perform any of its duties or functions.
  3.  If feasible, the custodian of a public record may provide for the electronic examination and copying of a public record in lieu of requiring in-person examination and copying of a public record. This subsection does not apply to searches of all indexes, general and specific, of public records relating to documents, instruments, and muniments of title, for the purpose of performing title searches, real property searches, or creating real property abstracts.
  4.  However, notwithstanding subsections 1 and 2, a government body is not required to permit access to or use of the following:
  a.  A geographic computer database by any person except upon terms and conditions acceptable to the governing body. The governing body shall establish reasonable rates and procedures for the retrieval of specified records, which are not confidential records, stored in the database upon the request of any person.
  b.  Data processing software developed by the government body or developed by a nongovernment body and used by a government body pursuant to a contractual relationship with the nongovernment body, as provided in section 22.3A.
[C71, 73, 75, 77, 79, 81, §68A.2]
84 Acts, ch 1185, §2
C85, §22.2
89 Acts, ch 189, §1; 96 Acts, ch 1099, §14; 98 Acts, ch 1224, §17; 2015 Acts, ch 42, §1; 2020 Acts, ch 1103, §32, 51
Referred to in §8A.106, 8A.341, 22.14, 68B.32A, 331.608, 357A.11A, 388.9, 388.9A, 459.304, 459A.208, 904.602
NEW subsection 3 and former subsection 3 renumbered as 4