Restricting public agency disclosure of and access to certain personal information related to tax-exempt organizations, and providing penalties

This bill relates to certain personal information in the possession of certain tax-exempt and governmental entities. The bill prohibits a public agency, defined in the bill to include any governmental entity of Iowa or a political subdivision, from seeking the disclosure of personal information from an organization exempt from taxation under section 501(c) of the federal Internal Revenue Code that would directly or indirectly reveal the identity of a member, supporter, volunteer, or donor of the organization, or from requesting from a current or potential contractor a list of tax-exempt organizations that the contractor has supported. The bill also prohibits a public agency from publishing any such information that the public agency possesses. The bill allows the disclosure of personal information pursuant to a lawful warrant or discovery request. However, the bill requires the proponent of such a discovery request to show a compelling need for the information by clear and convincing evidence and to obtain a protective order barring unnecessary disclosure of the information. The bill also allows disclosure of personal information pursuant to an agreement between an organization and a public agency. The bill exempts from the definition of “personal information” information that must be reported to the secretary of state, attorney general, or state auditor pursuant to certain specified provisions of law. The bill amends the revised Iowa nonprofit corporation Act to require any inspection of corporate records containing personal information to be made under seal from public disclosure. The bill also prohibits corporate records from being used to obtain personal information. The bill exempts personal information from the definition of public records under Code chapter 22. A person who violates a provision of the bill is subject to a civil penalty of not less than $2,500 per violation, and not more than three times that amount for an intentional violation. The bill allows a court to award to a prevailing plaintiff an amount equal to all or a portion of the costs of litigation, including attorney and witness fees. A person who knowingly violates a provision of the bill is guilty of a serious misdemeanor punishable by imprisonment for not more than days, a fine of $1,000, or both. The bill does not affect any provision of Code chapter 68A, which relates to campaign finance.