Most records the administrator obtains or files under this chapter are public and open for inspection, but several listed categories are confidential. The administrator may also disclose certain audit or investigation records for specified investigative or enforcement purposes.
1. Presumption of public records. Except as otherwise provided in subsection 2, records obtained by the administrator or filed under this chapter, including a record contained in or filed with a registration statement, application, notice filing, or report, are public records and are available for public examination. 2. Nonpublic records. Notwithstanding chapter 22, the following records are not public records and are not available for public examination under subsection 1: a. A record obtained by the administrator in connection with an audit or inspection under section 502.411, subsection 4, or an investigation under section 502.602. b. A part of a record filed in connection with a registration statement under sections 502.301 and 502.303 through 502.305 or a record under section 502.411, subsection 4, that contains trade secrets or confidential information if the person filing the registration statement or report has asserted a claim of confidentiality or privilege that is authorized by law. c. A record that is not required to be provided to the administrator or filed under this chapter and is provided to the administrator only on the condition that the record will not be subject to public examination or disclosure. d. A nonpublic record received from a person specified in section 502.608, subsection 1. e. Any social security number, residential address unless used as a business address, and residential telephone number unless used as a business telephone number, contained in a record that is filed. f. A record obtained by the administrator through a designee that the administrator determines by rule or order has been appropriately expunged from its own records by that designee, if the administrator finds that such expungement is in the public interest and does not impair investor protection. g. A record obtained by the administrator or by law enforcement under section 502.809. 3. Administrator discretion to disclose. If disclosure is for the purpose of a civil, administrative, or criminal investigation, action, or proceeding or to a person specified in section 502.608, subsection 1, the administrator may disclose a record obtained in connection with an audit or inspection under section 502.411, subsection 4, or a record obtained in connection with an investigation under section 502.602 or section 502.809. [C35, §8581-f6; C39, §8581.22; C46, 50, 54, 58, 62, §502.22; C66, 71, 73, 75, §502.2, 502.22; C77, 79, 81, §502.607] 97 Acts, ch 114, §16; 2004 Acts, ch 1161, §57, 68; 2021 Acts, ch 137, §1, 2 Referred to in §22.7(43), 502.601, 502.602, 502.608