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Suppose the record requested is not in the office of the governmental agency, but in the hands of a private company. Can I still get the record?

Question: 

Suppose the record requested is not in the office of the governmental agency, but in the hands of a private company. Can I still get the record?

Answer: 

Yes. Under Chapter 22.2(2), “A governmental body 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.” In Gannon v. Board of Regents, 692 N.W.2d 31 (Iowa 2005), the Iowa Supreme Court said that a private foundation that solicited and managed donations for Iowa State University performed a government function and its records were “public records.” However, the Court said that not every private entity that performs a duty that could be considered a “government function” is subject to Chapter 22 and that arrangements must be viewed on a case-by-case basis.

Printed from the website on July 13, 2020 at 12:57pm.