ARC 0681D

ARC 0681D

COMMUNICATIONS NETWORK, IOWA[751]

Adopted and Filed

Rulemaking related to fair information practices

    The Iowa Communications Network (ICN) hereby rescinds Chapter 2, “Public Records and Fair Information Practices,” and adopts a new Chapter 2505, “Fair Information Practices,” Iowa Administrative Code.

Legal Authority for Rulemaking

    This rulemaking is adopted under the authority provided in Iowa Code chapter 8D.

State or Federal Law Implemented

    This rulemaking implements, in whole or in part, Iowa Code chapter 8D and Executive Order 10.

Purpose and Summary

    Pursuant to Executive Order 10, the ICN is rescinding Chapter 2 and moving the content to a new Chapter 2505. The chapter describes the public records and fair information practices (in addition to 7—Chapter 2505) and personally identifiable information (PII) guidelines. Iowa Code section 22.11 imposes an obligation on each agency to adopt rules that provide the nature of PII collected by the agency and to indicate which records contain PII and if they are public or confidential. Since the Uniform Rules on Agency Procedure are not specific to each agency, this rulemaking is necessary to comply with the statute directive regarding PII. As a result, the ICN removed redundant and obsolete language in accordance with the goals and directives of Executive Order 10.

Public Comment and Changes to Rulemaking

    Notice of Intended Action for this rulemaking was published in the Iowa Administrative Bulletin on September 2, 2026, as ARC 0505D. A public hearing was held on the following date(s):

     ?   September 30, 2026

     ?   October 1, 2026

    No one attended the public hearings. No public comments were received. No changes from the Notice have been made.

Adoption of Rulemaking

    This rulemaking was adopted by the ICN Executive Director on October 7, 2026.

Fiscal Impact

     This rulemaking has no fiscal impact to the State of Iowa.

Jobs Impact

    After analysis and review of this rulemaking, no impact on jobs has been found.

Waivers

    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the ICN for a waiver of the discretionary provisions, if any, pursuant to 751—Chapter 2504.

Review by Administrative Rules Review Committee

    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).

Effective Date

    This rulemaking will become effective on December 2, 2026.

    The following rulemaking action is adopted:

    ITEM 1.  Rescind and reserve 751—Chapter 2.

    ITEM 2.  Adopt the following new 751—Chapter 2505:

CHAPTER 2505

FAIR INFORMATION PRACTICES

The Uniform Rules on Agency Procedure, 7—Chapters 2500 through 2506, are rules generally applicable to agencies pursuant to Iowa Code section 17A.24. Additions, exceptions, or amendments to the corresponding chapter are below.

751—2505.9(8D) Additional definitions. As used in this chapter:

    “Customer proprietary network information” or “CPNI” means information that relates to the quantity, technical configuration, type, destination, location, and amount of use of a telecommunications service subscribed to by any customer of a telecommunications carrier, as defined in 47 U.S.C. §222(h)(1).

    “Personally identifiable information” or “PII” means information about or pertaining to an individual in a record that identifies the individual and that is contained in a record system.

751—2505.10(8D) Personally identifiable information and customer proprietary network information. This rule describes the nature and extent of personally identifiable information and CPNI that is collected, maintained, and retrieved by the agency. The commission maintains the following primary records in systems:

    2505.10(1) Personnel and payroll records. The agency maintains files containing information about employees, applicants, and dependents. The files include payroll records, biographical information, medical information, and performance reviews. These records are generally confidential pursuant to Iowa Code section 22.7(11).

    2505.10(2) Commission and advisory board records. These records contain information about commission and board members, including biographical and contact information. Portions of these records may be confidential.

    2505.10(3) Vendor, contractor, and authorized user files. These files contain information about individuals who do business with the agency or represent authorized users, including contact information, billing records, and related correspondence.

    2505.10(4) Telecommunications and network data. The agency collects and maintains CPNI to route traffic, bill for services, and manage network operations. Consistent with federal law, CPNI is strictly confidential and shall not be disclosed to the public under Iowa Code chapter 22, except as expressly authorized by the customer or required by law enforcement.

    2505.10(5) Litigation, contested case, and administrative files. These files contain information regarding litigation, rate disputes, vendor appeals, or administrative claims involving the agency. These records may contain confidential information protected by attorney-client privilege or Iowa Code section 22.7.

These rules are intended to implement Iowa Code sections 8D.3 and 17A.24.

[Filed 10/7/26, effective 12/2/26]

[Published 10/28/26]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 10/28/26.