(1) In instances in which an individual's right to privacy clearly exceeds the merits of public disclosure of information or documents submitted to an agency for decision making under this chapter, the agency may assert the individual's right to privacy and refuse to permit public disclosure.

(2) If an interested party has information or documents in which they claim a right to privacy, the interested party may request a confidentiality review from the agency. In requesting a confidentiality review, the interested party shall submit to the agency a written general description of the private information or documents and shall assert all bases on which the right to privacy exists. The written submittal shall demonstrate how the demand of individual privacy clearly exceeds the merits of public disclosure by showing the person involved has an actual expectation of privacy and that society is willing to recognize that expectation as reasonable.

(3) Within five days of receiving the written submittal, the agency will notify the interested party whether the agency will assert the interested party's right to privacy in that the privacy interests clearly exceed the merits of public disclosure of the information or documents.

(a) If the agency decides to assert the right to privacy on behalf of the interested party, and the interested party submits information or documents to the agency, each page or item of the submittal must be clearly marked or identified as confidential. The agency will treat the information or documents so marked or identified as confidential and assert the interested party's right to privacy in the information or documents in response to a request for public information.

(b) If the agency decides not to assert the right to privacy on behalf of the interested party and the interested party provides the information or documents to the agency, the interested party waives the right to privacy by providing the information to the agency.