(1) A person may inspect and copy the records of a public agency pertaining to that person, even if the record is otherwise exempt from public disclosure.
(2)  A person may request in writing an amendment of any record pertaining to that person. Within ten (10) days of the receipt of the request, the public agency shall either:
(a)  Make any correction of any portion of the record which the person establishes is not accurate, relevant, or complete; or
(b)  Inform the person in writing of the refusal to amend in accordance with the request and the reasons for the refusal, and indicate clearly the person’s right to appeal the refusal and the time period for doing so. The procedures for appealing a refusal to amend shall be the same as those set forth in sections 74-115 and 74-116, Idaho Code, and the court may award reasonable costs and attorney’s fees to the prevailing party or parties, if it finds that the request for amendment or refusal to amend was frivolously pursued.

Terms Used In Idaho Code 74-113

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Copy: means transcribing by handwriting, photocopying, duplicating machine or reproducing by any other means as long as the public record is not altered or damaged. See Idaho Code 74-101
  • Inspect: means the right to listen, view and make notes of public records as long as the public record is not altered or damaged. See Idaho Code 74-101
  • Local agency: means a county, city, school district, municipal corporation, independent public body corporate and politic, district, public health district, political subdivision, or any agency thereof, or any committee of a local agency, or any combination thereof. See Idaho Code 74-101
  • Person: means any natural person, corporation, partnership, firm, association, joint venture, state or local agency or any other recognized legal entity. See Idaho Code 74-101
  • Prisoner: means a person who has been convicted of a crime and is either incarcerated or on parole for that crime or who is being held in custody for trial or sentencing. See Idaho Code 74-101
  • Public agency: means any state or local agency as defined in this section. See Idaho Code 74-101
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114
  • Statute: A law passed by a legislature.
  • Writing: includes , but is not limited to, handwriting, typewriting, printing, photostating, photographing and every means of recording, including letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, magnetic or punched cards, discs, drums or other documents. See Idaho Code 74-101
(3)  The right to inspect and amend records pertaining to oneself does not include the right to review:
(a)  Otherwise exempt investigatory records of a public agency if the investigation is ongoing;
(b)  Information that is compiled in reasonable anticipation of a civil action or proceeding which is not otherwise discoverable;
(c)  The information relates to adoption records;
(d)  Information which is otherwise exempt from disclosure by statute or court rule;
(e)  Records of a prisoner maintained by the state or local agency having custody of the prisoner or formerly having custody of the prisoner or by the commission of pardons and parole.