Bill Text: IA HF571 | 2017-2018 | 87th General Assembly | Introduced

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Bill Title: A bill for an act relating to the confidentiality of information contained in audio and video call recordings. (Formerly HF 213.)

Spectrum: Committee Bill

Status: (Engrossed - Dead) 2018-01-23 - Subcommittee: Dawson, Bisignano, and Chapman. S.J. 146. [HF571 Detail]

Download: Iowa-2017-HF571-Introduced.html

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House File 571 - Introduced




                                 HOUSE FILE       
                                 BY  COMMITTEE ON STATE
                                     GOVERNMENT

                                 (SUCCESSOR TO HF 213)

                                      A BILL FOR

  1 An Act relating to the confidentiality of information contained
  2    in audio and video call recordings.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 1445HV (2) 87
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PAG LIN



  1  1    Section 1.  Section 22.7, subsection 2, Code 2017, is amended
  1  2 to read as follows:
  1  3    2.a.  (1)  Hospital records, medical records, and
  1  4 professional counselor records of the condition, diagnosis,
  1  5 care, or treatment of a patient or former patient or a
  1  6 counselee or former counselee, including outpatient.
  1  7    (2)  For purposes of this paragraph, "medical records"
  1  8  includes medical information contained in an audio or video
  1  9 call recording, including but not limited to an audio or video
  1 10 911 recording, relating to the injury or medical condition
  1 11 of a person who is the subject of the call.  Such medical
  1 12 information may be shared with persons or entities that provide
  1 13 emergency fire, law enforcement, ambulance, or medical services
  1 14 that have a need for such medical information in order to
  1 15 perform their duties.  Such shared medical information shall
  1 16 continue to maintain its confidential status and shall not
  1 17 otherwise be shared by the receiving person or entity.
  1 18    b.  However, confidential Confidential communications
  1 19 between a crime victim and the victim's counselor are not
  1 20 subject to disclosure except as provided in section 915.20A.
  1 21    c.  However, the The Iowa department of public health shall
  1 22 adopt rules which provide for the sharing of information among
  1 23 agencies and providers concerning the maternal and child
  1 24 health program including but not limited to the statewide
  1 25 child immunization information system, while maintaining an
  1 26 individual's confidentiality.
  1 27    Sec. 2.  Section 22.7, Code 2017, is amended by adding the
  1 28 following new subsection:
  1 29    NEW SUBSECTION.  5A.  Information contained in audio or video
  1 30 call recordings including transcripts of such call recordings
  1 31 if the person making the call or the person who is the subject
  1 32 of the call is a person under the age of eighteen. However, a
  1 33 parent or guardian of a person under the age of eighteen who
  1 34 is the subject of the call may request and receive information
  1 35 contained in the audio or video call recording upon the
  2  1 conclusion of any criminal investigation relating to the call.
  2  2 For the purpose of this subsection, "call recordings" includes
  2  3 but is not limited to 911 call recordings.
  2  4                           EXPLANATION
  2  5 The inclusion of this explanation does not constitute agreement with
  2  6 the explanation's substance by the members of the general assembly.
  2  7    This bill relates to the confidentiality of information
  2  8 contained in audio and video call recordings.
  2  9    Under current law, medical records of a government body
  2 10 under Code chapter 22 (Iowa's public records law) are required
  2 11 to be kept confidential, unless otherwise ordered by a court,
  2 12 by the lawful custodian of the records, or by another person
  2 13 duly authorized to release such information.  The bill provides
  2 14 that the term "medical records" in this provision includes
  2 15 medical information contained in an audio or video call
  2 16 recording, including but not limited to an audio or video 911
  2 17 call recording, relating to the injury or medical condition of
  2 18 a person who is the subject of the call.  However, such medical
  2 19 information may be shared with persons or entities that provide
  2 20 emergency fire, law enforcement, ambulance, or medical services
  2 21 that have a need for the information in the performance of
  2 22 their duties.  Such shared medical information shall remain
  2 23 confidential and shall not otherwise be shared by the receiving
  2 24 person or entity.
  2 25    The bill amends Code section 22.7, concerning the
  2 26 confidentiality of public records, to provide that information
  2 27 contained in audio or video call recordings including
  2 28 transcripts of such call recordings is confidential if the
  2 29 person making the call or the person who is the subject of the
  2 30 call is a person under the age of 18. However, a parent or
  2 31 guardian of a person under the age of 18 who is the subject
  2 32 of the call may request and receive information contained in
  2 33 the audio or video call recording upon the conclusion of any
  2 34 criminal investigation relating to the call. The term "call
  2 35 recordings" includes but is not limited to 911 call recordings.
  3  1 Code section 22.7 provides that certain public records shall be
  3  2 kept confidential unless released by court order, by the lawful
  3  3 custodian of the records, or by another person duly authorized
  3  4 to release the records.
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