TITLE 74

TRANSPARENT AND ETHICAL GOVERNMENT

CHAPTER 1

PUBLIC RECORDS ACT

74-108.  Exemptions from disclosure — Archaeological, endangered species, libraries, licensing exams. The following records are exempt from disclosure:

(1)  Records, maps or other records identifying the location of archaeological or geophysical sites or endangered species, if not already known to the general public.

(2)  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.

(3)  Documents and data related to oil and gas production submitted to the department of lands or the oil and gas conservation commission under the provisions of chapter 3, title 47, Idaho Code, provided that the records qualify for confidential status under section 47-327, Idaho Code, under the conditions and for the time provided by statute.

(4)  The records of a library that, when examined alone or when examined with other public records, would reveal the identity of the library patron checking out, requesting, or using an item from a library.

(5)  The material of a library, museum or archive that has been contributed by a private person, to the extent of any limitation that is a condition of the contribution.

(6)  Test questions, scoring keys, and other data used to administer a licensing examination or an 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.

(7)  Land management plans required for voluntary stewardship agreements entered into pursuant to law and written agreements relating to the conservation of all species of sage grouse entered into voluntarily by owners or occupiers of land with a soil conservation district.

(8)  Records identifying telemetry frequencies, remote camera locations, or precise or specific locations of any individual terrestrial wildlife, including but not limited to global positioning system, telemetry, or remote camera data. A state agency’s sharing of such records on an individual case basis for agency or regulatory environmental reviews or management of wildlife damage or populations does not constitute a waiver of this exemption. This exemption does not apply to records identifying aggregated or otherwise generalized locations of individual terrestrial wildlife or populations.

History:

[74-108, added 2015, ch. 140, sec. 5, p. 359; am. 2015, ch. 300, sec. 1, p. 1181; am. 2017, ch. 271, sec. 28, p. 708; am. 2024, ch. 25, sec. 1, p. 178.]