THE IDAHO PUBLIC RECORDS LAW

 9-335. Police Investigatory Records
 (1) Notwithstanding any statute or rule of court to the contrary, nothing in
this chapter nor chapter 10, title 59, Idaho Code, shall be construed to
require disclosure of investigatory records compiled for law enforcement
purposes by a law enforcement agency, but such exemption from disclosure
applies only to the extent that the production of such records would:
 (a) Interfere with enforcement proceedings;
 (b) Deprive a person of a right to a fair trial or an impartial
adjudication;
 (c) Constitute an unwarranted invasion of personal privacy;
 (d) Disclose the identity of a confidential source and, in the case of a
record compiled by a criminal law enforcement agency in the course of a
criminal investigation, confidential iniormatiton furnished only by the
confidential source;
 (e) Disclose investigative techniques and procedures; or
 (f) Endanger the life or physical safety of law enforcement personnel. 
(2) An inactive investigatory record shall be disclosed unless the disclosure
would violate the provisions of subsection (1)(a) through (f ) of this
section. Investigatory record as used herein means information with respect
to an identifiable person or group of persons compiled by a law enforcement
agency in the course of conducting an investigation of a specific act or
omission and shall not include the following information:
 (a) The time, date, location, and nature and description of a reported
crime, accident or incident;
 (b) The name, sex, age, and address of a person arrested, except as
otherwise provided by law;
 (c) The time, date, and location of the incident and of the arrest;
 (d) The crime charged;
 (e) Documents given or required by law to be given to the person arrested; 
 (f) Informations and indictments except as otherwise provided by law; and
 (g)  Criminal history reports.
As used herein, the term "law enforcement agency" means the office of the
attorney general, the office of the state controller, the department of law
enforcement, the office of any prosecuting attorney, sheriff or municipal
police department.
(3) Whenever it is made to appear by verified petition to the district court
of the county where the records or some part thereof are situated that
certain investigative records are being improperly withheld from a member of
the public, the court shall order the officer or person charged with
withholding the records to disclose the investigative record or show cause
why he should not do so. The court shall decide the case after examining the
record in camera, papers filed by the parties, and such oral argument and
additional evidence as the court may allow.
 If the court finds that the public official's decision to refuse disclosure
is not justified, he shall order the public officials to make the record
public. If the judge determines that the public official was justified in
refusing to make the record public, he shall return the item to the public
official without disclosing its content with an order supporting the decision
refusing disclosure. Any person who fails to obey the order of the court
shall be cited to show cause why he is not in contempt of court. The court
may, in its discretion, award costs and fees to the prevailing party. 

PUBLIC RECORD LAW DEFINITIONS
As used in sections 9-337 through 9-347, Idaho Code:
(1) "Copy" means transcribing by handwriting, photocopying, duplicating
machine and reproducing by any other means so long as the public record is
not altered or damaged.
(2) "Custodian" means the person having personal custody and control of the
public records in question. If no such designation is made by the public
agency, then custodian means any public official having custody of, control
of, or authorized access to public records and includes all delegates of such
officials, employees or representatives.
(3) "Inspect" means the right to listen, view and make notes of public
records as long as the public record is not altered or damaged.
(4) "Investigatory record" means information with respect to an identifiable
person, group of persons or entities compiled by a public agency pursuant to
its statutory authority in the course of investigating a specific act,
omission, failure to act, or other conduct which the public agency has
regulatory authority or law enforcement authority over.
(5) "Law enforcement agency" means any state or local agency given law
enforcement powers or which has authority to investigate, enforce, prosecute
or punish violations of state or federal criminal statutes, ordinances or
regulations.
(6) "Local agency" means a county, city, school district, municipal
corporation, district, public health district, political subdivision, or any
agency thereof, or any committee of a local agency, or any combination
thereof.
(7) "Person" means any natural person, corporation, partnership, firm,
association, joint venture, state or local agency or any other recognized
legal entity.
(8) "Public agency" means any state or local agency as defined in this
section.
(9) "Public official" means any state, county, local district or governmental
official or empluyee, whether elected, appointed or hired. 
(10) "Public record" includes, but is not limited to, any writing containing
information relating to the conduct or administration of the public's
business prepared, owned, used or retained by any state or local agency
regardless of physical form or characteristics.
(11) "State agency" means every state officer, department, division, bureau,
commission and board or any committee of a state agency including those in
the legislative or judicial branch, except the state militia.
(12) "Writing" includes, but is not limited to, handwriting, typewriting,
printing, photostating, photographing and every means of recording, including
letters, words, pictures, sounds or symbols or combination thereof, and all
papers, maps, magnetic or paper tapes, photographic films and prints,
magnetic or punched cards, discs, drums or other documents. 

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 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 that the person may be required to make a written
request and provide 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
authorized 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 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 public agency 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. 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 public official may
charge a fee, uniform to all persons that does not exceed the sum of the
following:
(a) The agency's direct cost of copying the information in that form;
(b) The standard cost, if any, for selling the same information in the form
of a publication. The custodian may require advance payment of the cost of
copying. Any money received by the public agency 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.
(9) A public agency 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 from disclosing
statistical information that is not descriptive of an identifiable person or
persons. 

9-339. Response to request for public records.
(1) A public agency shall either grant or deny a person's request to examine
or copy public records within three (3) working days of the date of the
receipt of the request for examination or copying. If it is determined by
employees of the public agency that a longer period of time is needed to
locate or retrieve the public records, the public agency shall so notify in
writing the person requesting to examine or copy the records and shall
provide the public records to the person no later than ten (10) working days
following the person's request.
(2) If the public agency fails to respond, the request shall be deemed to be
denied within ten (10) working days following the request.
(3) If the public agency denies the person's request for examination or
copying the public records or denies in part and grants in part the person s
request for examination and copying of the public records, the person legally
responsible for administering the public agency or that person s designee
shall notify the person in writing of the denial or partial denial of the
request for the public record.
(4) The notice of denial or partial denial shall state that the attorney for
the public agency has reviewed the request or shall state that the public
agency has had an opportunity to consult with an attorney regarding the
request for examination or copying of a record and has chosen not to do so.
The notice of denial or partial denial also shall indicate the statutory
authority for the denial and indicate clearly the person's right to appeal
the denial or partial denial and the time periods for doing so.

9-340. Records exempt from disclosure. 
The following records are exempt from disclosure:
(1) Any public record exempt from disclosure by federal or state law or
federal regulations to the extent specifically provided for by such law or
regulation.
(2) Trade secrets including those contained in response to public agency
requests for proposal, requests for clarification, requests for information
and similar requests. "Trade secrets" as used in this section means
information, including a formula, pattern, compilation, program, computer
program, device, method, technique, process, or unpublished or in progress
research that:
(a) Derives independent economic value, actual or potential, from not being
generally known to, and not being readily ascertainable by proper means by
other persons who can obtain economic value from its disclosure or use; and
(b) Is the subject of efforts that are reasonable under the circumstances to
maintain its secrecy.
(3) Records, maps or other records identifying the location of archaeological
or geophysical sites or endangered species, if not already known to the
general public.
(4) Archaeological and geologic records concerning exploratory drilling,
logging, mining and other excavation, when such records are required to be
filed by statute for the time provided by statute.
(5) Production records, sale or purchase records, catch records, mortgage
portfolio loan documents, or similar business records of a private concern or
enterprise required by law to be submitted to or inspected by a public
agency. Nothing in this subsection shall limit the use which can be made of
such information for regulatory purposes or its admissibility in any
enforcement proceeding.
(6) Records relating to the appraisal of real property, timber, or mineral
rights prior to its acquisition, sale or lease by a public agency.
(7) Any estimate prepared by a public agency that details the cost of a
public project until such time as disclosed or bids are opened, or upon award
of the contract for construction of the public project.
(8) Records gathered by a local agency or the Idaho department of commerce,
as described in chapter 47, title 67, Idaho Code, for the specific purpose of
assisting a person to locate, maintain, invest in, or expand business
operations in the state of Idaho.
(9) The records of a library which, when examined alone, or when examined
with olber public records, would reveal the identity of the library patron
checi. ing out, requesting, or using an item from a library. 
(10) The material of a libragy, museum or archive which has been contributed
by a private person, to the extent of any limitation that is a condition of
the contribution.
(11) Records of a personal nature as follows:
(a) Records of personal debt filed with a public agency pursuant to law;
(b) Personal bank records compiled by a public depositor for the purpose of
public funds transactions conducted pursuant to law;
(c) Records of ownership of financial obligations and instruments of a public
agency, such as bonds, compiled by the public agency pursuant to law;
(d) Records, with regard to the ownership of, or security interests in,
registered public obligations;
(e) Vital statistics records;
(f) Except as provided in this subsection, all information provided to a law
enforcement agency for sex offender registration pursuant to the provisions
of section 18-8306, Idaho Code:
(i) Such information shall be available upon request to a law enforcement
agency; and
(ii) The information provided pursuant to the provisions of subsections (1)
and (3) of section 18-8306, Idaho Code, shall be provided to any person upon
written request. Such written request shall include the name, date of birth
and social security number of the person for whom the information is
requested.

(12) Test questions, scoring keys, and other data used to administer a
licensing examination, employment, academic or other examination or testing
procedure before the examination is given if the examination is to be used
again. Records establishing procedures for and instructing persons
administering, grading or evaluating an examination or testing procedure are
included in this exemption, to the extent that disclosure would create a risk
that the result might be affected.
(13) Retired employees' and retired public officials' home addresses, home
telephone numbers and other financial and nonfinancial membership records;
active and inactive member financial and membership records and mortgage
portfolio loan documents maintained by the public employee retirement system.
Financial statements prepared by retirement system staff, funding agents and
custodians concerning the investment of assets of the public employee
retirement system of Idaho are not considered confidential under this
chapter.
(14) Any personal records, other than names and addresses, such as parentage,
race, religion, sex, height, weight, tax identification and social security
numbers, financial worth or medical condition submitted to any public agency
pursuant to a statutory requirement for licensing, certification, permit or
bonding.
(15) Unless otherwise provided by agency rule, information obtained as part
of an inquiry into a person's fitness to be granted or retain a license,
certificate, permit, privilege, commission or position, private association
peer review committee records authorized in title 54, Idaho Code. Any agency
which has records exempt from disclosure under the provisions of this
subsection shall annually make available a statistical summary of the number
and types of matters considered and their disposition.
(16) Computer programs developed or purchased by or for any public agency for
its own use. As used in this subsection, "computer program" means a series of
instructions or statements which permit the functioning of a computer system
in a manner designed to provide storage, retrieval and manipulation of data
from the computer system, and any associated documentation and source
material that explain how to operate the computer program. Computer program
does not include:
(a) The original data including, but not limited to, numbers, text,
voice,graphics and images;
(b) Analysis, compilation and other manipulated forms of the original
data produced by use of the program; or
(c) The mathematical or statistical formulas that would be used if the
manipulated forms of the original data were to be produced manually. 
(17) Records that identify the method by which the Idaho state tax commission
selects tax returns for audit review.
(18) Information in an income or other tax return measured by items of income
or sales, which is gathered by a public agency for the purpose of
administering the tax, except such information to the extent disclosed in a
written decision of the tax commission pursuant to a taxpayer protest of a
deficiency determination by the tax commission, under the provisions of
section 63-3045B, Idaho Code.
(19) Information and records submitted to the Idaho state lottery for the
performance of background investigations of employees, lottery retailers and
major procurement contractors; audit records of lottery retailers, vendors
and major procurement contractors submitted to or performed by the Idaho
state lottery; validation and security tests of the state lottery for lottery
games; business records and information submitted pursuant to sections
67-7412(8) and (9) and 67-7421(8) and (9), Idaho Code, and such documents and
information obtained and held for the purposes of lottery security and
investigative action as determined by lottery rules unless the public
interest in disclosure substantially outweighs the private need for
protection from public disclosure.
(20) Employment security information and unemployment insurance benefit
information, except that all interested parties may agree to waive the
exemption.
(21) Examination, operating or condition reports and all documents relating
thereto, prepared by or supplied to any public agency responsible for the
regulation or supervision of financial institutions including,, but not
limited to, banks, savings and loan associations, regulated lenders, business
and industrial development corporations, credit unions, and insurance
companies, or for the regulation or supervision of the issuance of
securities.
(22) Investigatory records of a law enforcement agency, as defined in section
9-337(5), Idaho Code, under the conditions set forth in section 9-335, Ida ho
Code.
(23) Records of a personal nature related directly or indirectly to the
application for and provision of statutory services rendered to persons
applying for public care for the elderly, indigent, or mentally or physically
handicapped, or participation in an environmental or a public health study,
provided the provisions of this subsection making records exempt from
disclosure shall not apply to the extent that such records or information
contained in those records are necessary for a background check on an
individual that is required by federal law regulating the sale of firearms,
guns or ammunition.
(24) Records of investigations prepared by the department of health and
welfare pursuant to its statutory responsibilities dealing with the
protection of children, the rehabilitation of youth, adoptions and the
commitment of mentally ill persons.
(25) Records of the department of health and welfare or a public health
district that identifies a person infected with a reportable disease.
(26) Records of hospital care, medical records, records of psychiatric care
or treatment and professional counseling records relating to an individual's
condition, diagnosis, care or treatment, provided the provisions of this
subsection making records exempt from disclosure shall not apply to the
extent that such records or information contained in those records are
necessary for a background check on an individual that is required by federal
law regulating the sale of firearms, guns or ammunition.
(27) Records of a person maintained pursuant to chapter 18, title 16, Idaho
Code, except that facts contained in such records shall be furnished upon
request in a manner determined by the court to persons and governmental and
private agencies and institutions conducting pertinent research studies or
having a legitimate interest in the protection, welfare and treatment of the
child. If the juvenile is fourteen (14) years or older and is adjudicated
guilty of an offense which would be a felony if committed by an adult, the
name, offense of which the juvenile was adjudicated and disposition of the
court shall be subject to disclosure.
(28) Shipping and marketing records of commodity commissions used to evaluate
marketing and advertising strategies and the names and addresses of growers
and shippers maintained by commodity commissions.
(29) Records contained in court files of judicial proceedings, the disclosure
of which is prohibited by or under rules adopted by the Idaho supreme court,
but only to the extent that confidentiality is provided under such rules, and
any drafts or other working memoranda related to judicial decision making,
provided the provisions of this subsection making records exempt from
disclosure shall not apply to the extent that such records or information
contained in those records are necessary for a background check on an
individual that is required by federal law regulating the sale of firearms,
guns or ammunition.
(30) Records consisting of draft legislation and documents specifically
related to such draft legislation or research requests submitted to the
legislative council by a member of the Idaho legislature for the purpose of
placing such draft legislation into a form suitable for introduction as
official proposed legislation of the legislature of the state of Idaho,
unless the individual legislator having submitted or requested such records
or research agrees to waive the provisions of confidenfiality provided by
this subsection.
(31) All papers, physical and electronic records and correspondence or other
supporting materials comprising the work papers in the possession of the
office of the legislative council prior to release of the related final audit
and all other records or materials in the possession of the office of the
legislative council that would otherwise be confidential or exempt from
disclosure.
(32) The records, finding, determinations and decision of any prelitigation
screening panel formed under chapter 10, title 6, Idaho Code.
(33) Board of professional discipline reprimands by informal admonition
pursuant to subsection (6)(f) of section 54-1806A, Idaho Code.
(34) Records including, but not limited to, investigative reports, resulting
from investigations conducted into complaints of discrimination made to the
Idaho human rights commission unless the public interest in allowing
inspection and copying of such records outweighs the legitimate public or
private interest in maintaining 0onfidentiality of such records. A person may
inspect and copy documents from an investigative file to which he or she is a
named party if such documents are not otherwise prohibited from disclosure by
federal law or regulation or state law. The ~0nfidentiality of this
subsection will no longer apply to any record used in any judicial proceeding
brought by a named party to the complaint or investigation, or by the Idaho
human rights commission, relating to the complaint of discrimination.
(35) Information, records, including names and addresses of victims, or
investigations of the department of correction or the commission of pardons
and parole to the extent that disclosure thereof would interfere with the
secure and orderly conduct of their operations, or the rehabilitation of any
person in the custody of the department of correction or on parole, or would
substantially prejudice or prevent the carrying out of the functions of the
department of correction or the commission of pardons and parole if the
public interest in ~onfidentiality clearly outweighs the public interest in
disclosure.
(36) Except as provided in this subsection, all personnel records of a
current or former public official other than the public official's public
service or employment history, classification, pay grade and step, longevity,
gross salary and salary history, status, workplace and employing agency. All
other personnel information relating to a public employee or applicant,
including, but not limited to, information regarding sex, race, marital
status, birth date, home address and telephone number, applications, testing
and scoring materials, grievances, correspondence and performance
evaluations, shall not be disclosed to the public without the employee's or
applicant's written consent. A public official or authorized representative
may inspect and copy his personnel records, except for material used to
screen and test for employment.
(37) Records containing information obtained by the manager of the Idaho
state insurance fund pursuant to chapter 9, title 72, Idaho Code, from or on
behalf of employers or employees contained in underwriting and claims for
benefits files.
(38) The worker's compensation records of the Idaho industrial commission
provided that the industrial commission shall make such records available:
(a) To the parties in any worker's compensation claim and to the industrial
special indemnity fund of the state of Idaho; or
(b) To employers and prospective employers subject to the provisions of the
Americans with disabilities act, 42 U.S.C. 12112, or other statutory
limitations who certify that the information is being requested with respect
to a worker to whom the employer has extended an offer of employment and will
be used in accordance with the provisions of the Americans with disabilities
act, 42 U.S.C. 12112, or other statutory limitations; or
(c) To employers and prospective employers not subject to the provisions of
the Americans with disabilities act, 42 U.S.C. 12112, or other statutory
limitations, provided the employer presents a written authorization from the
person to whom the records pertain; or
(d) To others who demonstrate that the public interest in allowing inspection
and copying of such records outweighs the public or private interest in
maintaining the confidentiality of such records, as determined by a civil
court of competent jurisdiction.

(39) Names and addresses of seed companies, seed crop growers, seed crop
consignees, locations of seed crop fields, variety name and acreage by
variety. Upon the request of the owner of the proprietary variety, this
information shall be released to the owner. Provided, however, that if a seed
crop has been identified as diseased or has been otherwise identified by the
Idaho department of agriculture, other state departments of agriculture, or
the United States department of agriculture to represent a threat to that
particular seed or commercial crop industry or to individual growers,
information as to test results, location, acreage involved and disease
symptoms of that particular seed cr9p, for that growing season, shall be
available for public inspection and copying. This exemption shall not
supersede the provisions of section 22-436, Idaho Code.
(40) Records of any risk retention or self-insurance program prepared in
anticipation of litigation or for analysis of or settlement of potential or
actual money damage claims against a publi~ entity and its employees or
against the industnal special indemnity fund except as otherwise discoverable
under the Idaho or federal rules of civil procedure. These records shall
include, but are not limited to, claims evaluations, investigatory records,
computerized reports of losses, case reserves, internal documents and
correspondence relating thereto. At the time any claim is concluded, only
statistical data and actual amount paid in settlement shall be deemed a
public record unless otherwise ordered to be sealed by a court of competent
jurisdiction. Provided, however, nothing in this subsection is intended to
limit the attorney client privilege or attorney work product privilege
otherwise available to any public agency.
(41) Records of laboratory test results provided by or retained by the
department of agriculture's quality assurance laboratory. Nothing in this
subsection shaU limit the use which can he made, or availability of such
information if used, for regulatory purposes or its admissibility in any
enforcement proceeding.
(42) Reports required to be filed under chapter 13, title 62, Idaho Code,
identifying electncal or natural or manufactured gas consumption data for an
individual customer or account.
(43) Records of the sheriff or department of law enforcement received or
maintained pursuant to section 18-3302, Idaho Code, relating to an applicant
or licensee.
(44) Financial statements and business information and reports submitted by a
legal entity to a port district organized under title 70, Idaho Code, in
connection with a business agreement, or with a development proposal or with
a financing application for any industrial, manufacturing, or other business
activity within a port district.
(45)  Voluntarily prepared environmental audits, and voluntary disclosures of
information submitted on or before December 31, 1997, to an environmental
agency as defined in section 9-803, Idaho Code, which are claimed to be
confidential business information.
(46) Inforrnation obtained from bcoks, records, and accounts required in
chapter 47, title 22, Idaho Code, to be maintained by the Idaho canola and
rapeseed commission and pertaining to the individual production records of
canola or rapeseed growers.

9-341. Public records to be separated. 
If any public record contains material which is not exempt from disclosure
as well as material which is exempt from disclosure, the public agency shall,
upon receipt of a request for disclosure, separate the exempt and nonexempt
material and make the nonexempt material available for examination, provided
that a denial of a request to copy nonexempt material in a public record
shall not be based upon the fact that such nonexempt material is contained in
the same public record as the exempt material. 

9-342. Access to records about a person by a person. 
(1) A person may inspect and copy the records of a public agency pertaining
to that person, even if the record is otherwise exempt from public
disclosure.
(2) A person may request in writing an amendment of any record pertaining to
that person. Within ten (10) days of the receipt of the request, the public
agency shall either:
(a) Make any correction of any portion of the record which the person
establishes is not accurate, relevant  or complete; or
(b) Inform the person in writing of the refusal to amend in accordance with
the request and the reasons for the refusal, and indicate clearly the
person's right to appeal the refusal and the time period for doing so. The
procedures for appealing a refusal to amend shall be the same as those set
forth in sections 9-343 and 9-344, Idaho Code, and the court may award
reasonable costs and attorney fees to the prevailing party or parties, if it
finds that the request for amendment or refusal to amend was frivolously
pursued.
(3)  The right to inspect and amend records pertaining to oneself does not
include the right to review otherwise exempt investigatory records of a
public agency if the investigation is ongoing, information that is compiled
in reasonable anticipation of a civil action or proceeding which is not
otherwise discoverable or the information relates to adoption records or
information which is otherwise exempt from disclosure by statute. 

9-343. Proceedings to enforce right
 to examine or to receive a copy of records  Retention of disputed records.
(1) The sole remedy for a person aggrieved by'the denial of a request for
disclosure is to institute proceedings in the district court of the county
where the records or some part thereof are located, to compel the public
agency to make the information available for public inspection in accordance
with the provisions of this act. The petition contesting the public agency's
decision shall be filed within one hundred eighty (180) calendar days from
the date of mailing of the notice of denial or partial denial by the public
agency. The time for responsive pleadings and for hearings in such
proceedings shall be set by the court at the earliest possible time, or in no
event beyond twenty-eight (28) calendar days from the date of filing.
(2) The public agency shall keep all documents or records in question until
the end of the appeal period, until a decision has been rendered on the
petition, or as otherwise statutorily provided, whichever is longer.
(3) Nothing contained in this act shall limit the availability of documents
and records for discovery in the normal course ofjudicial or administrative
adjudicatory proceedings, subject to the law and rules of evidence and of
discovery governing such proceedings. 

9-344. Order of the court 
 Court costs and attorney fees.
 (1) Whenever it appears that certain public records are being improperly
withheld from a member of the public, the court shall order the public
official charged with withholding the records to disclose the public record
or show cause why he should not do so. The court shall decide the case after
examining the pleadings filed by the parties and such oral arguments and
additional evidence as the court may allow. The court may examine the record
in camera in its discretion.
(2) If the court finds that the public official's decision to refuse
disclosure is not justified, it shall order the public official to make the
requested disclosure. If the court determines that the public official was
justified in refusing to make the requested record available, he shall return
the item to the public official without disclosing its content and shall
enter an order supporting the decision refusing disclosure. In any such
action, the court shall award reasonable costs and attorney fees to the
prevailing party or parties, if it finds that the request or refusal to
provide records was frivolously pursued. 

9-345. Additional penalty. 
If the court finds that a public official has deliberately and in bad faith
improperly refused a legitimate request for inspection or copying, a civil
penalty shall be assessed against the public official in an amount not to
exceed one thousand dollars ($1,000), which shall be paid into the general
account. 

9-346. Immunity.
 - No public agency, public official, or custodian shall be liable, nor shall
a cause of action exist, for any loss or damage based upon the release of a
public record governed by the provisions of Lhis chapter if the public
agency, public official or custodian acted in good faith in attempting to
comply with the provisions of this chapter. 

9-347. Agency guidelines.
By January 1, 1991, every state agency shall adopt guidelines that identify
the general subject matter of all public records kept or maintained by the
state agency, the custodian, and the physical location of such documents.

9-348. Prohibition on distribution or sale of mailing or telephone number
lists - Penalty. 
(1) Except as provided in subsections (2), (3), (4), (5), (6) and (7) of this
section, in order to protect the privacy of those who deal with public
agencies:
(a) No agency may distribute or sell for use as a mailing list or a telephone
number list any list of persons without first securing the permission of
those on the list; and
(b) No list of persons prepared by the agency may be used as a mailing list
or a telephone number list except by the agency or another agency without
first securing the permission of those on the list.
(2) Except as may be otherwise provided in this chapter, this section does
not prevent an individual from compiling a mailing list or a telephone number
list by examination or copying of public records, original documents or
applications which are otherwise open to public inspection.
(3) The provisions of this section do not apply to the lists of registered
electors compiled pursuant to title 34, Idaho Code, or to lists of the names
of employees governed by chapter 53, title 67, Idaho Code.
(4) The provisions of this section shall not apply to agencies which issue
occupational or professional licenses.
(5) This section does not apply to the right of access either by Idaho law
enforcement agencies or, by purchase or otherwise, of public records dealing
with motor vehicle registration.
(6) This section does not apply to a corporate information list developed by
the office of the secretary of state containing the name, address, registered
agent, officers and directors of corporations authorized to do business in
this state or to a business information list developed by the department of
commerce containing the name, address, telephone number or other relevant
information of Idaho businesses or individuals requesting information
regarding the state of Idaho or to business lists developed by the department
of agriculture, division of marketing and development, used to promote food
and agricultural products produced in Idaho.
(7) This section does not apply to lists to be used for ordinary utility
purposes which are requested by a person who supplies utility services in
this state. Ordinary utility purposes, as used in this chapter only, do not
include marketing or marketing research.
(8) If a court finds that a person or public official has deliberately and in
bad faith violated the provisions of subsection (1)(b) of this section, the
person or public official shall be liable for a civil penalty assessed by the
court in an amount not in excess of one thousand dollars ($1,000) which shall
be paid into the general account. 

9-349. Confidentiality language required in this chapter. - On and after
January 1, 1996, any statute which is added to the Idaho Code and provides
for the confidentiality or closure of any public record or class of public
records shall be placed in this chapter. Any statute which is added to the
Idaho Code on and after January 1, 1996, and which provides for
confidentiality or closure of a public record or class of public records and
is located at a place other than this chapter shall be null, void and of no
force and effect regarding the confidentiality or closure of the public
record and such public record shall be open and available to the public for
inspection as provided in this chapter.