Idaho FOIA procedures

Idaho FOIA procedures
FOIA laws in Idaho
Freedom of Information Act
Court cases with an impact on state FOIA
FOIA procedures by state
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Each state has laws governing public access to governmental records. These laws are sometimes known as open records laws, public records laws, or FOIA laws after the federal Freedom of Information Act. These FOIA laws define the procedures that people can use to obtain access to these records.

This article describes FOIA procedures in Idaho as of May 2025. On this page you will find:

• How to request public records
• Who may request public records
• Fees associated with public records requests
• Required response times for requests
• Exemptions to public records requests

How to request public records in Idaho

Requests for public records must be made directly to the entity in question. For example, an individual requesting public records from the Idaho Attorney General must submit that request to the attorney general's office.

According to the Idaho Public Records Law Manual:

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Agencies are permitted to require requests for access to public documents be made in writing that specifically describes the subject matter and records sought, including a specific date range for when the records sought were created. If a written request is required by the public agency, the individual may be required to provide a mailing address and telephone number. This information may assist the public agency to clarify a request and provide a document as soon as possible.

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Purpose and use

Idaho law denies public entities the right to inquire about a requestor's intended use of records, with the exceptions listed in the section below:

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The custodian shall make no inquiry of any person who requests a public record, except: (a) To verify the identity of the requester in accordance with section 74-113, Idaho Code; or (b) To ensure that the requested record or information will not be used for purposes of a mailing or telephone list prohibited by section 74-120, Idaho Code, or as otherwise provided by law; or (c) As required for purposes of protecting personal information from disclosure under chapter 2, title 49, Idaho Code, and federal law.

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Who may request public records?

See also: List of who can make public record requests by state

Any person may request public records in Idaho. According to Idaho Code Section 74-102, "Every person has a right to examine and take a copy of any public record of this state and there is a presumption that all public records in Idaho are open at all reasonable times for inspection except as otherwise expressly provided by statute."

Idaho is among 42 states that do not require individuals requesting public records to be state residents.

Fees

See also: How much do public records cost?

Idaho law permits public entities to charge a fee for responding to public records requests in some circumstances. According to Idaho Code Section 74-102:

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(a) Except for fees that are authorized or prescribed under other provisions of Idaho law, no fee shall be charged for the first two (2) hours of labor in responding to a request for public records, or for copying the first one hundred (100) pages of paper records that are requested. (b) A public agency or public official may establish fees to recover the actual labor and copying costs associated with locating and copying documents if: (i) The request is for more than one hundred (100) pages of paper records; or (ii) The request includes records from which nonpublic information must be deleted; or (iii) The actual labor associated with responding to requests for public records in compliance with the provisions of this chapter exceeds two (2) person hours. (c) A public agency or public official may establish a copying fee schedule. The fee may not exceed the actual cost to the agency of copying the record if another fee is not otherwise provided by law. (d) For providing a duplicate of a computer tape, computer disc, microfilm or similar or analogous record system containing public record information, a public agency or public official may charge a fee, uniform to all persons that does not exceed the sum of the following: (i) The agency’s direct cost of copying the information in that form; (ii) The standard cost, if any, for selling the same information in the form of a publication; (iii) The agency’s cost of conversion, or the cost of conversion charged by a third party, if the existing electronic record is converted to another electronic form. (e) Fees shall not exceed reasonable labor costs necessarily incurred in responding to a public records request. Fees, if charged, shall reflect the personnel and quantity of time that are reasonably necessary to process a request. Fees for labor costs shall be charged at the per hour pay rate of the lowest paid administrative staff employee or public official of the public agency who is necessary and qualified to process the request. If a request requires redactions to be made by an attorney who is employed by the public agency, the rate charged shall be no more than the per hour rate of the lowest paid attorney within the public agency who is necessary and qualified to process the public records request. If a request is submitted to a public agency that does not have an attorney on staff, and requires redactions by an attorney, the rate shall be no more than the usual and customary rate of the attorney who is retained by the public agency for that purpose. (f) The public agency shall not charge any cost or fee for copies or labor when the requester demonstrates that the requester’s examination and/or copying of public records: (i) Is likely to contribute significantly to the public’s understanding of the operations or activities of the government; (ii) Is not primarily in the individual interest of the requester including, but not limited to, the requester’s interest in litigation in which the requester is or may become a party; and (iii) Will not occur if fees are charged because the requester has insufficient financial resources to pay such fees. (g) Statements of fees by a public agency shall be itemized to show the per page costs for copies, and hourly rates of employees and attorneys involved in responding to the request, and the actual time spent on the public records request. No lump sum costs shall be assigned to any public records request.

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Response time

See also: Request response times by state

The Idaho Public Records Act requires public entities to either grant or deny a request for records within three business days. If more time is needed to fulfill the request, the entity must notify the requestor in writing, and the response time may be extended to 10 business days. According to the Idaho Public Records Law Manual, "The intent of the law is that documents be provided upon request whenever possible. A public agency has three (3) working days from the date of the receipt of the request to grant or deny the information. However, public agencies should not delay three days to provide information that is readily available." According to Idaho Code Section 74-103:

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(2) A public agency or custodian shall either grant or deny a person’s request to examine or copy public records within three (3) working days of the date of the receipt of the request for examination or copying. If it is determined by employees of the public agency that a longer period of time is needed to locate or retrieve the public records, the public agency shall so notify in writing the person requesting to examine or copy the records and shall provide the public records no later than ten (10) working days following the person’s request, if such person is an Idaho resident, and no later than twenty-one (21) working days following a request from a nonresident. Provided however, if it is determined the existing electronic record requested will first have to be converted to another electronic format by the agency or by a third party and that such conversion cannot be completed within ten (10) working days, the agency shall so notify in writing the person requesting to examine or copy the records. The agency shall provide the converted public record at a time mutually agreed upon between the agency and the requester, with due consideration given to any limitations that may exist due to the process of conversion or due to the use of a third party to make the conversion. (3) If the public agency or custodian fails to respond, the request shall be deemed to be denied within ten (10) working days following the request. (4) If the public agency denies the person’s request for examination or copying the public records or denies in part and grants in part the person’s request for examination and copying of the public records, the person legally responsible for administering the public agency or that person’s designee shall notify the person in writing of the denial or partial denial of the request for the public record. (5) The notice of denial or partial denial shall state that the attorney for the public agency has reviewed the request or shall state that the public agency has had an opportunity to consult with an attorney regarding the request for examination or copying of a record and has chosen not to do so. The notice of denial or partial denial also shall indicate the statutory authority for the denial and indicate clearly the person’s right to appeal the denial or partial denial and the time periods for doing so.

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As of May 2025, 11 states had no mandated response time. Of the 39 states with response time limits, 12 allow agencies to extend response times in certain cases, while 27 allow no exceptions. Eight states required responses in three days or fewer, 11 in five days or fewer, 13 in 10 days or fewer, and seven in 20 days or fewer.

Exemptions

Exemptions to the Idaho Public Records Act are primarily outlined in Idaho Code Sections 74-104 through 74-111. According to the Idaho Public Records Law Manual:

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With the exception of section 74-124, relating to law enforcement records, most exemptions from disclosure in the public records law are contained in Idaho Code sections 74-104 through 74-111. Even if an exemption applies to a record, the law does not prevent the disclosure of statistical information that identifies a particular person, unless such disclosure is otherwise prohibited by law. It must be noted that nothing in the law limits the availability of documents and records for discovery in the normal course of judicial or administrative adjudicatory proceedings, subject to the law and rules of evidence and of discovery governing such proceedings. Idaho Code section 3-201(5) codifies the attorney client privilege. As identified within the public records law, Idaho Code section 74-104(1) expressly exempts records recognized by other state laws such as this one. Additionally, the attorney-client privilege is well recognized in state and federal case law. Exclusion of records falling under the privilege is consistent with the public records law and established precedent. A number of provisions in the public records law exclude records of a personal nature, but with fairly specific qualifiers. Also, all information exchanged between the Idaho Transportation Department and insurance companies, any database created, all information contained in the verification system and all reports, responses or other information generated for the purposes of the verification system are now exempt from disclosure.

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See also

• Freedom of Information Act

External links

• Idaho Statutes
• Idaho State Archives
• Idaho Public Records Law Manual