This text of Iowa § 455K.4 (Waiver of privilege — disclosure) is published on Counsel Stack Legal Research, covering Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
1. The privilege described in section 455K.3 shall not apply to the extent that the privilege
is expressly waived in writing by the owner or operator who prepared the environmental
audit report or caused the report to be prepared.
2. Disclosure of an environmental audit report or any other information generated by
an environmental audit does not waive the privilege established in section 455K.3 if the
disclosure meets any of the following criteria:
a. The disclosure is made to address or correct a matter raised by the environmental audit
and the disclosure is made to any of the following:
(1)A person employed by the owner or operator, including temporary and contract
employees.
(2)A legal representative of the owner or operator.
(3)An officer or director of the regulated facility or ope
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1. The privilege described in section 455K.3 shall not apply to the extent that the privilege
is expressly waived in writing by the owner or operator who prepared the environmental
audit report or caused the report to be prepared.
2. Disclosure of an environmental audit report or any other information generated by
an environmental audit does not waive the privilege established in section 455K.3 if the
disclosure meets any of the following criteria:
a. The disclosure is made to address or correct a matter raised by the environmental audit
and the disclosure is made to any of the following:
(1) A person employed by the owner or operator, including temporary and contract
employees.
(2) A legal representative of the owner or operator.
(3) An officer or director of the regulated facility or operation or a partner of the owner
or operator.
(4) An independent contractor retained by the owner or operator.
b. The disclosure is made under the terms of a confidentiality agreement between any
person and the owner or operator of the audited facility or operation.
3 ENVIRONMENTAL AUDIT PRIVILEGE AND IMMUNITY, §455K.6
3. A party to a confidentiality agreement described in subsection 2, paragraph “b”, who
violates that agreement is liable for damages caused by the disclosure and for any other
penalties stipulated in the confidentiality agreement.
4. Information that is disclosed under subsection 2, paragraph “b”, is confidential and is
not subject to disclosure under chapter 22.
5. The protections provided by federal or state law shall be afforded to individuals who
disclose information to law enforcement authorities.
6. The provisions of this chapter shall not abrogate the protections provided by federal
and state law regarding confidentiality and trade secrets.