Idaho Public Record Law
The state's public record law is known as the Idaho Public Records Act and is outlined in Title 74 of the state's Statutes. Under this Act, there is a presumption that all public records in the state are open to inspection at all reasonable times except as otherwise provided by law. Hence, every individual has a right to examine and make copies of public records maintained by public agencies in Idaho.
Where Do I Submit a Public Record Request in Idaho?
You may submit a public record request in Idaho to the relevant agency in the custody of the record you seek through its designated custodian for public records. Each agency's record custodian may be contacted by looking up the Idaho Government Agencies directory.
How Do I Request Public Records in Idaho?
While each agency's procedure for receiving public records may be unique, the following is the typical process flow for requesting public records in Idaho:
- Determine the type of records being searched and identify the relevant government agency in the custody of such documents and information. Afterward, look up the contact information of the agency's public record custodian.
- Prepare the public record request. It should state the record being sought and include information that will help facilitate the search
- Submit the request through the appropriate channel and pay all applicable fees.
A public record custodian in Idaho is not required to question a public record requester in Idaho. The only exceptions are when the inquiry is to verify a requester's identity and ascertain that the requested document or information will not be used to create a telephone or mailing list. Many third-party websites also provide access to certain public records in the state.
What Records Are Public in Idaho?
Several records generated and/or maintained by different public agencies in Idaho are considered public. The most common public records in the state are listed below:
- Court Records - Idaho Courts, including the District Courts and the Magistrate Divisions, provide public access to records such as trial transcripts, docket sheets, civil case files, affidavits, criminal court records, probate records, and several documents filed in a case.
- Property Records- These records are kept at the offices of county assessors throughout Idaho. They include deeds, surveys, maps, property tax records, mortgages, land use permits, property descriptions, plat books, and conveyance records.
- Government Financial Records - These generally include records of the government's revenue, expenditures, budgets, contracts and procurements, and audits.
- Law Enforcement Records - Commonly requested public law enforcement records in Idaho include arrest records, incident reports, sex offender registry, inmate records, warrant information, and criminal history information.
- Legislative Records - These include lawmakers' meeting minutes, committee reports, voting reports, and bills and resolutions.
Who Can Request Public Records in Idaho?
According to the state's Public Records Act, any person has a right to inspect and obtain copies of any public record in Idaho. A person can be any natural individual, firm, partnership, state or local agency, corporation, joint venture, association, or any other recognized legal entity.
What Is the Response Time for Public Records Requests in Idaho?
Per Section 74-103(2) of the Idaho Statutes, a government agency or its public records custodian has up to 3 business days to respond (grant or deny) to a public record request in the state after receipt of the request. However, if the custodian realizes that more time is needed to retrieve the requested public records, they must notify the requester in writing. Afterward, the custodian must make such records available within 10 working days for Idaho residents and not later than 21 business days for non-residents.
What Is the Fee Charged for Providing Copies of Public Records?
The fees charged for obtaining copies of public records in Idaho vary by the agency and the type of record. As stipulated in the state's Public Records Act, a public agency may charge a fee not exceeding reasonable labor costs incurred in responding to a public records request. This includes the actual cost of copying such records. Where a requester demonstrates that the requested public record is likely to help the public understand the activities or operations of the government, an agency may not charge the requester any fee.
What Records Are Exempted Under the Idaho Public Law?
The list of records exempted from public disclosure under the Idaho Public Records Act is contained in Sections 74-104 to 74 of the state's Statutes, and it includes the following:
- Investigative records of law enforcement agencies
- Trade secrets
- Medical records
- Records of juveniles
- Certain judicial proceedings
- Attorney client records
- Personnel records
- Any record related to cybersecurity devices and programs