Idaho Public Records Act

Response Timeline

Idaho has no fixed statutory deadline for responding to public records requests. Agencies must respond within a 'reasonable' timeframe. The statute requires that records be available for examination during normal office hours.

No residency requirement. Any person may request public records regardless of location or citizenship.

How to Submit a Request

Accepted Methods

• Written — Email, mail, or delivered to agency
• In person — Accepted at agency offices during business hours
• Oral — Oral requests may be accepted for readily available records

No specific format required. Requests should describe records with enough specificity for the agency to locate them. Written requests are recommended for documentation purposes.

Required Elements

• Description of records requested
• Requester contact information

Optional Elements

• Preferred format (paper vs electronic)
• Preferred delivery method

Fees

Idaho limits fee charges significantly. Labor and copying fees only apply when the request exceeds 100 pages, requires redaction, or exceeds 2 person-hours of labor. When fees apply, the agency must use the lowest-paid staff rate and provide an itemized fee statement. This is a notably requester-friendly fee structure.

Fee Waivers

• No fees when request is under 100 pages, needs no redaction, and takes less than 2 person-hours
• Agencies may waive fees at their discretion

Idaho's generous threshold (100 pages / 2 person-hours / no redaction) effectively waives fees for most routine requests. Fees above threshold must be itemized and use lowest-paid staff rate.

Exemptions

• Personnel
  Personnel records of current/former public officials or employees (section 74-106(1))
• Investigatory
  Investigatory records compiled for law enforcement purposes (section 74-105(1))
• Attorney client
  Attorney-client privileged communications and work product
• Computer programs
  Computer programs developed by or for a public agency (section 74-107(15))
• Trade secrets
  Trade secrets and proprietary commercial or financial information
• Deliberative
  Preliminary drafts, notes, and impressions before final agency action
• Medical
  Medical records and personal health information
• Security
  Records relating to public safety and security measures
• Student records
  Student educational records protected under FERPA
• Tax records
  Tax returns and related financial records

Exemptions are scattered across sections 74-105 through 74-108. The computer programs exemption (section 74-107(15)) is unique to Idaho. Personnel records exemption covers both current and former employees. Agencies bear the burden of proving an exemption applies.

Appeal Process

Idaho has no administrative appeal process for public records denials. Requesters must file suit directly in district court. This is unusual among state open records laws - most states offer some form of administrative review before requiring litigation. Court reviews denials de novo.

Request Templates

Records Retention

Idaho Code §67-5751 and §67-4126

View retention law →

Retention schedule catalog →

The Idaho State Archives serves as the repository for permanent, inactive records for state and local governments. The Director of Administration develops rules for retention periods and destruction conditions.

Sources & References

• Full text of law →
• Primary source →
• RCFP Open Government Guide — Idaho →
• NFOIC State FOI Resources →