2005 Idaho Code - 9-338 — PUBLIC RECORDS -- RIGHT TO EXAMINE

                                   TITLE  9
                                   EVIDENCE
                                  CHAPTER 3
                               PUBLIC WRITINGS
    9-338.  PUBLIC RECORDS -- RIGHT TO EXAMINE. (1) Every person has a right
to examine and take a copy of any public record of this state and there is a
presumption that all public records in Idaho are open at all reasonable times
for inspection except as otherwise expressly provided by statute.
    (2)  The right to copy public records shall include the right to make
photographs or photographic or other copies while the records are in the
possession of the custodian of the records using equipment provided by the
public agency or independent public body corporate and politic or using
equipment designated by the custodian.
    (3)  Additionally, the custodian of any public record shall give the
person, on demand, a certified copy of it if the record is of a nature
permitting such copying or shall furnish reasonable opportunity to inspect or
copy such record.
    (4)  The custodian shall make no inquiry of any person who applies for a
public record, except to verify the identity of a person requesting a record
in accordance with section 9-342, Idaho Code, to ensure that the requested
record or information will not be used for purposes of a mailing or telephone
list prohibited by section 9-348, Idaho Code, or as otherwise provided by law,
and except as required for purposes of protecting personal information from
disclosure under chapter 2, title 49, Idaho Code, and federal law. The person
may be required to make a written request and provide their name, a mailing
address and telephone number.
    (5)  The custodian shall not review, examine or scrutinize any copy,
photograph or memoranda in the possession of any such person and shall extend
to the person all reasonable comfort and facility for the full exercise of the
right granted under this act.
    (6)  Nothing herein contained shall prevent the custodian from maintaining
such vigilance as is required to prevent alteration of any public record while
it is being examined.
    (7)  Examination of public records under the authority of this section
must be conducted during regular office or working hours unless the custodian
shall authorize examination of records in other than regular office or working
hours. In this event, the persons designated to represent the custodian during
such examination shall be entitled to reasonable compensation to be paid to
them by the public agency or independent public body corporate and politic
having custody of such records, out of funds provided in advance by the person
examining such records, at other than regular office or working hours.
    (8)  (a) A public agency or independent public body corporate and politic
    or public official may establish a copying fee schedule. The fee may not
    exceed the actual cost to the agency of copying the record if another fee
    is not otherwise provided by law. The actual cost shall not include any
    administrative or labor costs resulting from locating and providing a copy
    of the public record; provided however, that a public agency or
    independent public body corporate and politic or public official may
    establish a fee to recover the actual labor cost associated with locating
    and copying documents if:
         (i)   The request is for more than one hundred (100) pages of paper
         records; or
         (ii)  The request includes records from which nonpublic information
         must be deleted; or
         (iii) The actual labor associated with locating and copying documents
         for a request exceeds two (2) person  hours.
    (b)  For providing a duplicate of a computer tape, computer disc,
    microfilm or similar or analogous record system containing public record
    information, a public agency or independent public body corporate and
    politic or public official may charge a fee, uniform to all persons that
    does not exceed the sum of the following:
         (i)   The agency's direct cost of copying the information in that
         form;
         (ii)  The standard cost, if any, for selling the same information in
         the form of a publication;
         (iii) The agency's cost of conversion, or the cost of conversion
         charged by a third party, if the existing electronic record is
         converted to another electronic form.
    The custodian may require advance payment of the cost of copying. Any
    money received by the public agency or independent public body corporate
    and politic shall be credited to the account for which the expense being
    reimbursed was or will be charged, and such funds may be expended by the
    agency as part of its appropriation from that fund.
    (c)  The public agency or independent public body corporate and politic
    may not charge any cost or fee for copies or labor when the requester
    demonstrates either:
         (i)   The inability to pay; or
         (ii)  That the public's interest or the public's understanding of the
         operations or activities of government or its records would suffer by
         the assessment or collection of any fee.
    (9)  A public agency or independent public body corporate and politic
shall not prevent the examination or copying of a public record by contracting
with a nongovernmental body to perform any of its duties or functions.
    (10) Nothing contained herein shall prevent a public agency or independent
public body corporate and politic from disclosing statistical information that
is descriptive of an identifiable person or persons, unless prohibited by law.
    (11) Nothing contained herein shall prevent a public agency or independent
public body corporate and politic from providing a copy of a public record in
electronic form if the record is available in electronic form and if the
person specifically requests an electronic copy. A request for a public record
and delivery of the public record may be conducted by electronic mail.