IC 5-14-3-1 Public policy; construction; burden of proof for nondisclosure
Sec. 1. A fundamental philosophy of the American constitutional
form of representative government is that government is the servant
of the people and not their master. Accordingly, it is the public
policy of the state that all persons are entitled to full and complete
information regarding the affairs of government and the official acts
of those who represent them as public officials and employees.
Providing persons with the information is an essential function of a
representative government and an integral part of the routine duties
of public officials and employees, whose duty it is to provide the
information. This chapter shall be liberally construed to implement
this policy and place the burden of proof for the nondisclosure of a
public record on the public agency that would deny access to the
record and not on the person seeking to inspect and copy the record. As added by P.L.19-1983, SEC.6. Amended by P.L.77-1995, SEC.1.
IC 5-14-3-2 Definitions
Sec. 2. (a) The definitions set forth in this section apply
throughout this chapter.
(b) "Copy" includes transcribing by handwriting, photocopying,
xerography, duplicating machine, duplicating electronically stored
data onto a disk, tape, drum, or any other medium of electronic data
storage, and reproducing by any other means.
(c) "Direct cost" means one hundred five percent (105%) of the
sum of the cost of:
(1) the initial development of a program, if any;
(2) the labor required to retrieve electronically stored data; and
(3) any medium used for electronic output;
for providing a duplicate of electronically stored data onto a disk,
tape, drum, or other medium of electronic data retrieval under section
8(g) of this chapter, or for reprogramming a computer system under
section 6(c) of this chapter.
(d) "Electronic map" means copyrighted data provided by a public
agency from an electronic geographic information system.
(e) "Enhanced access" means the inspection of a public record by
a person other than a governmental entity and that:
(1) is by means of an electronic device other than an electronic
device provided by a public agency in the office of the public
agency; or
(2) requires the compilation or creation of a list or report that
does not result in the permanent electronic storage of the
information.
(f) "Facsimile machine" means a machine that electronically
transmits exact images through connection with a telephone network.
(g) "Inspect" includes the right to do the following:
(1) Manually transcribe and make notes, abstracts, or
memoranda.
(2) In the case of tape recordings or other aural public records,
to listen and manually transcribe or duplicate, or make notes,
abstracts, or other memoranda from them.
(3) In the case of public records available:
(A) by enhanced access under section 3.5 of this chapter; or
(B) to a governmental entity under section 3(c)(2) of this
chapter;
to examine and copy the public records by use of an electronic
device.
(4) In the case of electronically stored data, to manually
transcribe and make notes, abstracts, or memoranda or to
duplicate the data onto a disk, tape, drum, or any other medium
of electronic storage.
(h) "Investigatory record" means information compiled in the
course of the investigation of a crime.
(i) "Offender" means a person confined in a penal institution as
the result of the conviction for a crime.
(j) "Patient" has the meaning set out in IC 16-18-2-272(d).
(k) "Person" means an individual, a corporation, a limited liability
company, a partnership, an unincorporated association, or a
governmental entity.
(l) "Provider" has the meaning set out in IC 16-18-2-295(b) and
includes employees of the state department of health or local boards
of health who create patient records at the request of another
provider or who are social workers and create records concerning the
family background of children who may need assistance.
(m) "Public agency", except as provided in section 2.1 of this
chapter, means the following:
(1) Any board, commission, department, division, bureau,
committee, agency, office, instrumentality, or authority, by
whatever name designated, exercising any part of the executive,
administrative, judicial, or legislative power of the state.
(2) Any:
(A) county, township, school corporation, city, or town, or
any board, commission, department, division, bureau,
committee, office, instrumentality, or authority of any
county, township, school corporation, city, or town;
(B) political subdivision (as defined by IC 36-1-2-13); or
(C) other entity, or any office thereof, by whatever name
designated, exercising in a limited geographical area the
executive, administrative, judicial, or legislative power of
the state or a delegated local governmental power.
(3) Any entity or office that is subject to:
(A) budget review by either the department of local
government finance or the governing body of a county, city,
town, township, or school corporation; or
(B) an audit by the state board of accounts that is required by
statute, rule, or regulation.
(4) Any building corporation of a political subdivision that
issues bonds for the purpose of constructing public facilities.
(5) Any advisory commission, committee, or body created by
statute, ordinance, or executive order to advise the governing
body of a public agency, except medical staffs or the
committees of any such staff.
(6) Any law enforcement agency, which means an agency or a
department of any level of government that engages in the
investigation, apprehension, arrest, or prosecution of alleged
criminal offenders, such as the state police department, the
police or sheriff's department of a political subdivision,
prosecuting attorneys, members of the excise police division of
the alcohol and tobacco commission, conservation officers of
the department of natural resources, gaming agents of the
Indiana gaming commission, gaming control officers of the
Indiana gaming commission, and the security division of the
state lottery commission.
(7) Any license branch staffed by employees of the bureau of
motor vehicles commission under IC 9-16.
(8) The state lottery commission established by IC 4-30-3-1,
including any department, division, or office of the commission.
(9) The Indiana gaming commission established under IC 4-33,
including any department, division, or office of the commission.
(10) The Indiana horse racing commission established by
IC 4-31, including any department, division, or office of the
commission.
(n) "Public record" means any writing, paper, report, study, map,
photograph, book, card, tape recording, or other material that is
created, received, retained, maintained, or filed by or with a public
agency and which is generated on paper, paper substitutes,
photographic media, chemically based media, magnetic or machine
readable media, electronically stored data, or any other material,
regardless of form or characteristics.
(o) "Standard-sized documents" includes all documents that can
be mechanically reproduced (without mechanical reduction) on paper
sized eight and one-half (8 1/2) inches by eleven (11) inches or eight
and one-half (8 1/2) inches by fourteen (14) inches.
(p) "Trade secret" has the meaning set forth in IC 24-2-3-2.
(q) "Work product of an attorney" means information compiled by
an attorney in reasonable anticipation of litigation. The term includes
the attorney's:
(1) notes and statements taken during interviews of prospective
witnesses; and
(2) legal research or records, correspondence, reports, or
memoranda to the extent that each contains the attorney's
opinions, theories, or conclusions.
This definition does not restrict the application of any exception
under section 4 of this chapter. As added by P.L.19-1983, SEC.6. Amended by P.L.34-1984, SEC.1;
P.L.54-1985, SEC.1; P.L.50-1986, SEC.1; P.L.42-1986, SEC.2;
IC 5-14-3-2.1 "Public agency"; certain providers exempted
Sec. 2.1. "Public agency", for purposes of this chapter, does not
mean a provider of goods, services, or other benefits that meets the
following requirements:
(1) The provider receives public funds through an agreement
with the state, a county, or a municipality that meets the
following requirements:
(A) The agreement provides for the payment of fees to the
entity in exchange for services, goods, or other benefits.
(B) The amount of fees received by the entity under the
agreement is not based upon or does not involve a
consideration of the tax revenues or receipts of the state,
county, or municipality.
(C) The amount of the fees are negotiated by the entity and
the state, county, or municipality.
(D) The state, county, or municipality is billed for fees by
the entity for the services, goods, or other benefits actually
provided by the entity.
(2) The provider is not required by statute, rule, or regulation to
be audited by the state board of accounts. As added by P.L.179-2007, SEC.8.
IC 5-14-3-3 Right to inspect and copy public agency records; electronic data
storage; use of information for commercial purposes; contracts
Sec. 3. (a) Any person may inspect and copy the public records of
any public agency during the regular business hours of the agency,
except as provided in section 4 of this chapter. A request for
inspection or copying must:
(1) identify with reasonable particularity the record being
requested; and
(2) be, at the discretion of the agency, in writing on or in a form
provided by the agency.
No request may be denied because the person making the request
refuses to state the purpose of the request, unless such condition is
required by other applicable statute.
(b) A public agency may not deny or interfere with the exercise
of the right stated in subsection (a). The public agency shall either:
(1) provide the requested copies to the person making the
request; or
(2) allow the person to make copies:
(A) on the agency's equipment; or
(B) on the person's own equipment.
(c) Notwithstanding subsections (a) and (b), a public agency may
or may not do the following:
(1) In accordance with a contract described in section 3.5 of this
chapter, permit a person to inspect and copy through the use of
enhanced access public records containing information owned
by or entrusted to the public agency.
(2) Permit a governmental entity to use an electronic device to
inspect and copy public records containing information owned
by or entrusted to the public agency.
(d) Except as provided in subsection (e), a public agency that
maintains or contracts for the maintenance of public records in an
electronic data storage system shall make reasonable efforts to
provide to a person making a request a copy of all disclosable data
contained in the records on paper, disk, tape, drum, or any other
method of electronic retrieval if the medium requested is compatible
with the agency's data storage system. This subsection does not apply
to an electronic map.
(e) A state agency may adopt a rule under IC 4-22-2, and a
political subdivision may enact an ordinance, prescribing the
conditions under which a person who receives information on disk
or tape under subsection (d) may or may not use the information for
commercial purposes, including to sell, advertise, or solicit the
purchase of merchandise, goods, or services, or sell, loan, give away,
or otherwise deliver the information obtained by the request to any
other person for these purposes. Use of information received under
subsection (d) in connection with the preparation or publication of
news, for nonprofit activities, or for academic research is not
prohibited. A person who uses information in a manner contrary to
a rule or ordinance adopted under this subsection may be prohibited
by the state agency or political subdivision from obtaining a copy or
any further data under subsection (d).
(f) Notwithstanding the other provisions of this section, a public
agency is not required to create or provide copies of lists of names
and addresses (including electronic mail account addresses) unless
the public agency is required to publish such lists and disseminate
them to the public under a statute. However, if a public agency has
created a list of names and addresses (excluding electronic mail
account addresses) it must permit a person to inspect and make
memoranda abstracts from the list unless access to the list is
prohibited by law. The lists of names and addresses (including
electronic mail account addresses) described in subdivisions (1)
through (3) may not be disclosed by public agencies to any
individual or entity for political purposes and may not be used by any
individual or entity for political purposes. In addition, the lists of
names and addresses (including electronic mail account addresses)
described in subdivisions (1) through (3) may not be disclosed by
public agencies to commercial entities for commercial purposes and
may not be used by commercial entities for commercial purposes.
The prohibition in this subsection against the disclosure of lists for
political or commercial purposes applies to the following lists of
names and addresses (including electronic mail account addresses):
(1) A list of employees of a public agency.
(2) A list of persons attending conferences or meetings at a state
educational institution or of persons involved in programs or
activities conducted or supervised by the state educational
institution.
(3) A list of students who are enrolled in a public school
corporation if the governing body of the public school
corporation adopts a policy:
(A) with respect to disclosure related to a commercial
purpose, prohibiting the disclosure of the list to commercial
entities for commercial purposes;
(B) with respect to disclosure related to a commercial
purpose, specifying the classes or categories of commercial
entities to which the list may not be disclosed or by which
the list may not be used for commercial purposes; or
(C) with respect to disclosure related to a political purpose,
prohibiting the disclosure of the list to individuals and
entities for political purposes.
A policy adopted under subdivision (3)(A) or (3)(B) must be uniform
and may not discriminate among similarly situated commercial
entities. For purposes of this subsection, "political purposes" means
influencing the election of a candidate for federal, state, legislative,
local, or school board office or the outcome of a public question or
attempting to solicit a contribution to influence the election of a
candidate for federal, state, legislative, local, or school board office
or the outcome of a public question.
(g) A public agency may not enter into or renew a contract or an
obligation:
(1) for the storage or copying of public records; or
(2) that requires the public to obtain a license or pay copyright
royalties for obtaining the right to inspect and copy the records
unless otherwise provided by applicable statute;
if the contract, obligation, license, or copyright unreasonably impairs
the right of the public to inspect and copy the agency's public
records.
(h) If this section conflicts with IC 3-7, the provisions of IC 3-7
apply. As added by P.L.19-1983, SEC.6. Amended by P.L.54-1985, SEC.2;
P.L.51-1986, SEC.1; P.L.58-1993, SEC.2; P.L.77-1995, SEC.3;
P.L.173-2003, SEC.4 and P.L.261-2003, SEC.6; P.L.22-2006,
SEC.1; P.L.1-2007, SEC.29; P.L.2-2007, SEC.100.
IC 5-14-3-3.5 State agencies; enhanced access to public records; office of
technology
Sec. 3.5. (a) As used in this section, "state agency" has the
meaning set forth in IC 4-13-1-1. The term does not include the
office of the following elected state officials:
(1) Secretary of state.
(2) Auditor.
(3) Treasurer.
(4) Attorney general.
(5) Superintendent of public instruction.
However, each state office described in subdivisions (1) through (5)
and the judicial department of state government may use the
computer gateway administered by the office of technology
established by IC 4-13.1-2-1, subject to the requirements of this
section.
(b) As an additional means of inspecting and copying public
records, a state agency may provide enhanced access to public
records maintained by the state agency.
(c) If the state agency has entered into a contract with a third party
under which the state agency provides enhanced access to the person
through the third party's computer gateway or otherwise, all of the
following apply to the contract:
(1) The contract between the state agency and the third party
must provide for the protection of public records in accordance
with subsection (d).
(2) The contract between the state agency and the third party
may provide for the payment of a reasonable fee to the state
agency by either:
(A) the third party; or
(B) the person.
(d) A contract required by this section must provide that the
person and the third party will not engage in the following:
(1) Unauthorized enhanced access to public records.
(2) Unauthorized alteration of public records.
(3) Disclosure of confidential public records.
(e) A state agency shall provide enhanced access to public records
only through the computer gateway administered by the office of
technology. As added by P.L.58-1993, SEC.3. Amended by P.L.77-1995, SEC.4;
P.L.19-1997, SEC.2; P.L.14-2004, SEC.183; P.L.177-2005, SEC.15.
IC 5-14-3-3.6 Public agencies; enhanced access to public records; office of
technology
Sec. 3.6. (a) As used in this section "public agency" does not
include a state agency (as defined in section 3.5(a) of this chapter).
(b) As an additional means of inspecting and copying public
records, a public agency may provide enhanced access to public
records maintained by the public agency.
(c) A public agency may provide a person with enhanced access
to public records if any of the following apply:
(1) The public agency provides enhanced access to the person
through its own computer gateway and provides for the
protection of public records under subsection (d).
(2) The public agency has entered into a contract with a third
party under which the public agency provides enhanced access
to the person through the third party's computer gateway or
otherwise, and the contract between the public agency and the
third party provides for the protection of public records in
accordance with subsection (d).
(d) A contract entered into under this section and any other
provision of enhanced access must provide that the third party and
the person will not engage in the following:
(1) Unauthorized enhanced access to public records.
(2) Unauthorized alteration of public records.
(3) Disclosure of confidential public records.
(e) A contract entered into under this section or any provision of
enhanced access may require the payment of a reasonable fee to
either the third party to a contract or to the public agency, or both,
from the person.
(f) A public agency may provide enhanced access to public
records through the computer gateway administered by the office of
technology established by IC 4-13.1-2-1. As added by P.L.19-1997, SEC.3. Amended by P.L.177-2005,
SEC.16.
IC 5-14-3-4 Records excepted from disclosure requirements; names and
addresses; time limitations; destruction of records
Sec. 4. (a) The following public records are excepted from section
3 of this chapter and may not be disclosed by a public agency, unless
access to the records is specifically required by a state or federal
statute or is ordered by a court under the rules of discovery:
(1) Those declared confidential by state statute.
(2) Those declared confidential by rule adopted by a public
agency under specific authority to classify public records as
confidential granted to the public agency by statute.
(3) Those required to be kept confidential by federal law.
(4) Records containing trade secrets.
(5) Confidential financial information obtained, upon request,
from a person. However, this does not include information that
is filed with or received by a public agency pursuant to state
statute.
(6) Information concerning research, including actual research
documents, conducted under the auspices of a state educational
institution, including information:
(A) concerning any negotiations made with respect to the
research; and
(B) received from another party involved in the research.
(7) Grade transcripts and license examination scores obtained
as part of a licensure process.
(8) Those declared confidential by or under rules adopted by the
supreme court of Indiana.
(9) Patient medical records and charts created by a provider,
unless the patient gives written consent under IC 16-39 or as
provided under IC 16-41-8.
(10) Application information declared confidential by the board
of the Indiana economic development corporation under
IC 5-28-16.
(11) A photograph, a video recording, or an audio recording of
an autopsy, except as provided in IC 36-2-14-10.
(12) A Social Security number contained in the records of a
public agency.
(b) Except as otherwise provided by subsection (a), the following
public records shall be excepted from section 3 of this chapter at the
discretion of a public agency:
(1) Investigatory records of law enforcement agencies.
However, certain law enforcement records must be made
available for inspection and copying as provided in section 5 of
this chapter.
(2) The work product of an attorney representing, pursuant to
state employment or an appointment by a public agency:
(A) a public agency;
(B) the state; or
(C) an individual.
(3) Test questions, scoring keys, and other examination data
used in administering a licensing examination, examination for
employment, or academic examination before the examination
is given or if it is to be given again.
(4) Scores of tests if the person is identified by name and has
not consented to the release of the person's scores.
(5) The following:
(A) Records relating to negotiations between the Indiana
economic development corporation, the ports of Indiana, the
Indiana state department of agriculture, the Indiana finance
authority, an economic development commission, a local
economic development organization (as defined in
IC 5-28-11-2(3)), or a governing body of a political
subdivision with industrial, research, or commercial
prospects, if the records are created while negotiations are in
progress.
(B) Notwithstanding clause (A), the terms of the final offer
of public financial resources communicated by the Indiana
economic development corporation, the ports of Indiana, the
Indiana finance authority, an economic development
commission, or a governing body of a political subdivision
to an industrial, a research, or a commercial prospect shall
be available for inspection and copying under section 3 of
this chapter after negotiations with that prospect have
terminated.
(C) When disclosing a final offer under clause (B), the
Indiana economic development corporation shall certify that
the information being disclosed accurately and completely
represents the terms of the final offer.
(6) Records that are intra-agency or interagency advisory or
deliberative material, including material developed by a private
contractor under a contract with a public agency, that are
expressions of opinion or are of a speculative nature, and that
are communicated for the purpose of decision making.
(7) Diaries, journals, or other personal notes serving as the
functional equivalent of a diary or journal.
(8) Personnel files of public employees and files of applicants
for public employment, except for:
(A) the name, compensation, job title, business address,
business telephone number, job description, education and
training background, previous work experience, or dates of
first and last employment of present or former officers or
employees of the agency;
(B) information relating to the status of any formal charges
against the employee; and
(C) the factual basis for a disciplinary action in which final
action has been taken and that resulted in the employee
being suspended, demoted, or discharged.
However, all personnel file information shall be made available
to the affected employee or the employee's representative. This
subdivision does not apply to disclosure of personnel
information generally on all employees or for groups of
employees without the request being particularized by employee
name.
(9) Minutes or records of hospital medical staff meetings.
(10) Administrative or technical information that would
jeopardize a record keeping or security system.
(11) Computer programs, computer codes, computer filing
systems, and other software that are owned by the public agency
or entrusted to it and portions of electronic maps entrusted to a
public agency by a utility.
(12) Records specifically prepared for discussion or developed
during discussion in an executive session under IC 5-14-1.5-6.1.
However, this subdivision does not apply to that information
required to be available for inspection and copying under
subdivision (8).
(13) The work product of the legislative services agency under
personnel rules approved by the legislative council.
(14) The work product of individual members and the partisan
staffs of the general assembly.
(15) The identity of a donor of a gift made to a public agency if:
(A) the donor requires nondisclosure of the donor's identity
as a condition of making the gift; or
(B) after the gift is made, the donor or a member of the
donor's family requests nondisclosure.
(16) Library or archival records:
(A) which can be used to identify any library patron; or
(B) deposited with or acquired by a library upon a condition
that the records be disclosed only:
(i) to qualified researchers;
(ii) after the passing of a period of years that is specified
in the documents under which the deposit or acquisition is
made; or
(iii) after the death of persons specified at the time of the
acquisition or deposit.
However, nothing in this subdivision shall limit or affect
contracts entered into by the Indiana state library pursuant to
IC 4-1-6-8.
(17) The identity of any person who contacts the bureau of
motor vehicles concerning the ability of a driver to operate a
motor vehicle safely and the medical records and evaluations
made by the bureau of motor vehicles staff or members of the
driver licensing medical advisory board regarding the ability of
a driver to operate a motor vehicle safely. However, upon
written request to the commissioner of the bureau of motor
vehicles, the driver must be given copies of the driver's medical
records and evaluations.
(18) School safety and security measures, plans, and systems,
including emergency preparedness plans developed under 511
IAC 6.1-2-2.5.
(19) A record or a part of a record, the public disclosure of
which would have a reasonable likelihood of threatening public
safety by exposing a vulnerability to terrorist attack. A record
described under this subdivision includes:
(A) a record assembled, prepared, or maintained to prevent,
mitigate, or respond to an act of terrorism under
IC 35-47-12-1 or an act of agricultural terrorism under
IC 35-47-12-2;
(B) vulnerability assessments;
(C) risk planning documents;
(D) needs assessments;
(E) threat assessments;
(F) intelligence assessments;
(G) domestic preparedness strategies;
(H) the location of community drinking water wells and
surface water intakes;
(I) the emergency contact information of emergency
responders and volunteers;
(J) infrastructure records that disclose the configuration of
critical systems such as communication, electrical,
ventilation, water, and wastewater systems; and
(K) detailed drawings or specifications of structural
elements, floor plans, and operating, utility, or security
systems, whether in paper or electronic form, of any building
or facility located on an airport (as defined in IC 8-21-1-1)
that is owned, occupied, leased, or maintained by a public
agency. A record described in this clause may not be
released for public inspection by any public agency without
the prior approval of the public agency that owns, occupies,
leases, or maintains the airport. The public agency that
owns, occupies, leases, or maintains the airport:
(i) is responsible for determining whether the public
disclosure of a record or a part of a record has a reasonable
likelihood of threatening public safety by exposing a
vulnerability to terrorist attack; and
(ii) must identify a record described under item (i) and
clearly mark the record as "confidential and not subject to
public disclosure under IC 5-14-3-4(b)(19)(J) without
approval of (insert name of submitting public agency)".
This subdivision does not apply to a record or portion of a
record pertaining to a location or structure owned or protected
by a public agency in the event that an act of terrorism under
IC 35-47-12-1 or an act of agricultural terrorism under
IC 35-47-12-2 has occurred at that location or structure, unless
release of the record or portion of the record would have a
reasonable likelihood of threatening public safety by exposing
a vulnerability of other locations or structures to terrorist attack.
(20) The following personal information concerning a customer
of a municipally owned utility (as defined in IC 8-1-2-1):
(A) Telephone number.
(B) Address.
(C) Social Security number.
(21) The following personal information about a complainant
contained in records of a law enforcement agency:
(A) Telephone number.
(B) The complainant's address. However, if the
complainant's address is the location of the suspected crime,
infraction, accident, or complaint reported, the address shall
be made available for public inspection and copying.
(22) Notwithstanding subdivision (8)(A), the name,
compensation, job title, business address, business telephone
number, job description, education and training background,
previous work experience, or dates of first employment of a law
enforcement officer who is operating in an undercover capacity.
(23) Records requested by an offender that:
(A) contain personal information relating to:
(i) a correctional officer (as defined in IC 5-10-10-1.5);
(ii) the victim of a crime; or
(iii) a family member of a correctional officer or the victim
of a crime; or
(B) concern or could affect the security of a jail or
correctional facility.
(c) Nothing contained in subsection (b) shall limit or affect the
right of a person to inspect and copy a public record required or
directed to be made by any statute or by any rule of a public agency.
(d) Notwithstanding any other law, a public record that is
classified as confidential, other than a record concerning an adoption
or patient medical records, shall be made available for inspection and
copying seventy-five (75) years after the creation of that record.
(e) Only the content of a public record may form the basis for the
adoption by any public agency of a rule or procedure creating an
exception from disclosure under this section.
(f) Except as provided by law, a public agency may not adopt a
rule or procedure that creates an exception from disclosure under this
section based upon whether a public record is stored or accessed
using paper, electronic media, magnetic media, optical media, or
other information storage technology.
(g) Except as provided by law, a public agency may not adopt a
rule or procedure nor impose any costs or liabilities that impede or
restrict the reproduction or dissemination of any public record.
(h) Notwithstanding subsection (d) and section 7 of this chapter:
(1) public records subject to IC 5-15 may be destroyed only in
accordance with record retention schedules under IC 5-15; or
(2) public records not subject to IC 5-15 may be destroyed in
the ordinary course of business. As added by P.L.19-1983, SEC.6. Amended by P.L.57-1983, SEC.1;
P.L.34-1984, SEC.2; P.L.54-1985, SEC.3; P.L.50-1986, SEC.2;
P.L.20-1988, SEC.12; P.L.11-1990, SEC.111; P.L.1-1991, SEC.38;
P.L.10-1991, SEC.9; P.L.50-1991, SEC.1; P.L.49-1991, SEC.1;
P.L.1-1992, SEC.11; P.L.2-1993, SEC.50; P.L.58-1993, SEC.4;
P.L.190-1999, SEC.2; P.L.37-2000, SEC.2; P.L.271-2001, SEC.1;
P.L.201-2001, SEC.1; P.L.1-2002, SEC.17; P.L.173-2003, SEC.5;
P.L.261-2003, SEC.7; P.L.208-2003, SEC.1; P.L.200-2003, SEC.3;
P.L.210-2005, SEC.1; P.L.1-2006, SEC.102; P.L.101-2006, SEC.4;
P.L.2-2007, SEC.101; P.L.172-2007, SEC.1; P.L.179-2007, SEC.9;
P.L.3-2008, SEC.29; P.L.51-2008, SEC.2; P.L.98-2008, SEC.4;
P.L.120-2008, SEC.2; P.L.94-2010, SEC.1.
IC 5-14-3-4.1
Repealed
(Repealed by P.L.1-1989, SEC.75.)
IC 5-14-3-4.3 Job title or job descriptions of law enforcement officers
Sec. 4.3. Nothing contained in section 4(b)(8) of this chapter
requires a law enforcement agency to release to the public the job
title or job description of law enforcement officers. As added by P.L.35-1984, SEC.1.
IC 5-14-3-4.5 Indiana economic development corporation negotiation records
excepted from disclosure; disclosure of final offers
Sec. 4.5. (a) Records relating to negotiations between the Indiana
economic development corporation and industrial, research, or
commercial prospects are excepted from section 3 of this chapter at
the discretion of the corporation if the records are created while
negotiations are in progress.
(b) Notwithstanding subsection (a), the terms of the final offer of
public financial resources communicated by the corporation to an
industrial, a research, or a commercial prospect shall be available for
inspection and copying under section 3 of this chapter after
negotiations with that prospect have terminated.
(c) When disclosing a final offer under subsection (b), the
corporation shall certify that the information being disclosed
accurately and completely represents the terms of the final offer. As added by P.L.4-2005, SEC.29.
IC 5-14-3-4.7 Negotiation records; final offers; certification of final offer
disclosure
Sec. 4.7. (a) Records relating to negotiations between the Indiana
finance authority and industrial, research, or commercial prospects
are excepted from section 3 of this chapter at the discretion of the
authority if the records are created while negotiations are in progress.
(b) Notwithstanding subsection (a), the terms of the final offer of
public financial resources communicated by the authority to an
industrial, a research, or a commercial prospect shall be available for
inspection and copying under section 3 of this chapter after
negotiations with that prospect have terminated.
(c) When disclosing a final offer under subsection (b), the
authority shall certify that the information being disclosed accurately
and completely represents the terms of the final offer. As added by P.L.235-2005, SEC.85.
IC 5-14-3-4.8 Records exempt from disclosure requirements; office of tourism
development negotiations; final offers public
Sec. 4.8. (a) Records relating to negotiations between the office
of tourism development and industrial, research, or commercial
prospects are excepted from section 3 of this chapter at the discretion
of the office of tourism development if the records are created while
negotiations are in progress.
(b) Notwithstanding subsection (a), the terms of the final offer of
public financial resources communicated by the office of tourism
development to an industrial, a research, or a commercial prospect
shall be available for inspection and copying under section 3 of this
chapter after negotiations with that prospect have terminated.
(c) When disclosing a final offer under subsection (b), the office
of tourism development shall certify that the information being
disclosed accurately and completely represents the terms of the final
offer. As added by P.L.229-2005, SEC.3.
IC 5-14-3-4.9 Ports of Indiana negotiation records excepted from disclosure;
disclosure of final offers
Sec. 4.9. (a) Records relating to negotiations between the ports of
Indiana and industrial, research, or commercial prospects are
excepted from section 3 of this chapter at the discretion of the ports
of Indiana if the records are created while negotiations are in
progress.
(b) Notwithstanding subsection (a), the terms of the final offer of
public financial resources communicated by the ports of Indiana to
an industrial, a research, or a commercial prospect shall be available
for inspection and copying under section 3 of this chapter after
negotiations with that prospect have terminated.
(c) When disclosing a final offer under subsection (b), the ports
of Indiana shall certify that the information being disclosed
accurately and completely represents the terms of the final offer. As added by P.L.98-2008, SEC.5.
IC 5-14-3-5 Information relating to arrest or summons; jailed persons; agency
records
Sec. 5. (a) If a person is arrested or summoned for an offense, the
following information shall be made available for inspection and
copying:
(1) Information that identifies the person including the person's
name, age, and address.
(2) Information concerning any charges on which the arrest or
summons is based.
(3) Information relating to the circumstances of the arrest or the
issuance of the summons, such as the:
(A) time and location of the arrest or the issuance of the
summons;
(B) investigating or arresting officer (other than an
undercover officer or agent); and
(C) investigating or arresting law enforcement agency.
(b) If a person is received in a jail or lock-up, the following
information shall be made available for inspection and copying:
(1) Information that identifies the person including the person's
name, age, and address.
(2) Information concerning the reason for the person being
placed in the jail or lock-up, including the name of the person
on whose order the person is being held.
(3) The time and date that the person was received and the time
and date of the person's discharge or transfer.
(4) The amount of the person's bail or bond, if it has been fixed.
(c) An agency shall maintain a daily log or record that lists
suspected crimes, accidents, or complaints, and the following
information shall be made available for inspection and copying:
(1) The time, substance, and location of all complaints or
requests for assistance received by the agency.
(2) The time and nature of the agency's response to all
complaints or requests for assistance.
(3) If the incident involves an alleged crime or infraction:
(A) the time, date, and location of occurrence;
(B) the name and age of any victim, unless the victim is a
victim of a crime under IC 35-42-4;
(C) the factual circumstances surrounding the incident; and
(D) a general description of any injuries, property, or
weapons involved.
The information required in this subsection shall be made available
for inspection and copying in compliance with this chapter. The
record containing the information must be created not later than
twenty-four (24) hours after the suspected crime, accident, or
complaint has been reported to the agency.
(d) This chapter does not affect IC 5-2-4, IC 10-13-3, or
IC 5-11-1-9. As added by P.L.19-1983, SEC.6. Amended by P.L.39-1992, SEC.1;
P.L.2-2003, SEC.24.
IC 5-14-3-5.5 Sealing certain records by court; hearing; notice
Sec. 5.5. (a) This section applies to a judicial public record.
(b) As used in this section, "judicial public record" does not
include a record submitted to a court for the sole purpose of
determining whether the record should be sealed.
(c) Before a court may seal a public record not declared
confidential under section 4(a) of this chapter, it must hold a hearing
at a date and time established by the court. Notice of the hearing
shall be posted at a place designated for posting notices in the
courthouse.
(d) At the hearing, parties or members of the general public must
be permitted to testify and submit written briefs. A decision to seal
all or part of a public record must be based on findings of fact and
conclusions of law, showing that the remedial benefits to be gained
by effectuating the public policy of the state declared in section 1 of
this chapter are outweighed by proof by a preponderance of the
evidence by the person seeking the sealing of the record that:
(1) a public interest will be secured by sealing the record;
(2) dissemination of the information contained in the record
will create a serious and imminent danger to that public interest;
(3) any prejudicial effect created by dissemination of the
information cannot be avoided by any reasonable method other
than sealing the record;
(4) there is a substantial probability that sealing the record will
be effective in protecting the public interest against the
perceived danger; and
(5) it is reasonably necessary for the record to remain sealed for
a period of time.
Sealed records shall be unsealed at the earliest possible time after the
circumstances necessitating the sealing of the records no longer exist. As added by P.L.54-1985, SEC.4. Amended by P.L.68-1987, SEC.1.
IC 5-14-3-6 Partially disclosable records; computer or microfilm record
systems; fees
Sec. 6. (a) If a public record contains disclosable and
nondisclosable information, the public agency shall, upon receipt of
a request under this chapter, separate the material that may be
disclosed and make it available for inspection and copying.
(b) If a public record stored on computer tape, computer disks,
microfilm, or a similar or analogous record system is made available
to:
(1) a person by enhanced access under section 3.5 of this
chapter; or
(2) a governmental entity by an electronic device;
the public agency may not make the record available for inspection
without first separating the material in the manner required by
subsection (a).
(c) A public agency may charge a person who makes a request for
disclosable information the agency's direct cost of reprogramming a
computer system if:
(1) the disclosable information is stored on a computer tape,
computer disc, or a similar or analogous record system; and
(2) the public agency is required to reprogram the computer
system to separate the disclosable information from
nondisclosable information.
(d) A public agency is not required to reprogram a computer
system to provide:
(1) enhanced access; or
(2) access to a governmental entity by an electronic device. As added by P.L.19-1983, SEC.6. Amended by P.L.54-1985, SEC.5;
P.L.58-1993, SEC.5; P.L.77-1995, SEC.5.
IC 5-14-3-6.5 Confidentiality of public record
Sec. 6.5. A public agency that receives a confidential public
record from another public agency shall maintain the confidentiality
of the public record. As added by P.L.34-1984, SEC.3.
IC 5-14-3-7 Protection against loss, alteration, destruction, and unauthorized
enhanced access
Sec. 7. (a) A public agency shall protect public records from loss,
alteration, mutilation, or destruction, and regulate any material
interference with the regular discharge of the functions or duties of
the public agency or public employees.
(b) A public agency shall take precautions that protect the
contents of public records from unauthorized enhanced access,
unauthorized access by an electronic device, or alteration.
(c) This section does not operate to deny to any person the rights
secured by section 3 of this chapter. As added by P.L.19-1983, SEC.6. Amended by P.L.58-1993, SEC.6. IC 5-14-3-8 Fees; copies
Sec. 8. (a) For the purposes of this section, "state agency" has the
meaning set forth in IC 4-13-1-1.
(b) Except as provided in this section, a public agency may not
charge any fee under this chapter:
(1) to inspect a public record; or
(2) to search for, examine, or review a record to determine
whether the record may be disclosed.
(c) The Indiana department of administration shall establish a
uniform copying fee for the copying of one (1) page of a
standard-sized document by state agencies. The fee may not exceed
the average cost of copying records by state agencies or ten cents
($0.10) per page, whichever is greater. A state agency may not
collect more than the uniform copying fee for providing a copy of a
public record. However, a state agency shall establish and collect a
reasonable fee for copying nonstandard-sized documents.
(d) This subsection applies to a public agency that is not a state
agency. The fiscal body (as defined in IC 36-1-2-6) of the public
agency, or the governing body, if there is no fiscal body, shall
establish a fee schedule for the certification or copying of
documents. The fee for certification of documents may not exceed
five dollars ($5) per document. The fee for copying documents may
not exceed the greater of:
(1) ten cents ($0.10) per page for copies that are not color
copies or twenty-five cents ($0.25) per page for color copies; or
(2) the actual cost to the agency of copying the document.
As used in this subsection, "actual cost" means the cost of paper and
the per-page cost for use of copying or facsimile equipment and does
not include labor costs or overhead costs. A fee established under
this subsection must be uniform throughout the public agency and
uniform to all purchasers.
(e) If:
(1) a person is entitled to a copy of a public record under this
chapter; and
(2) the public agency which is in possession of the record has
reasonable access to a machine capable of reproducing the
public record;
the public agency must provide at least one (1) copy of the public
record to the person. However, if a public agency does not have
reasonable access to a machine capable of reproducing the record or
if the person cannot reproduce the record by use of enhanced access
under section 3.5 of this chapter, the person is only entitled to inspect
and manually transcribe the record. A public agency may require that
the payment for copying costs be made in advance.
(f) Notwithstanding subsection (b), (c), (d), (g), (h), or (i), a
public agency shall collect any certification, copying, facsimile
machine transmission, or search fee that is specified by statute or is
ordered by a court.
(g) Except as provided by subsection (h), for providing a duplicate
of a computer tape, computer disc, microfilm, or similar or analogous
record system containing information owned by the public agency or
entrusted to it, a public agency may charge a fee, uniform to all
purchasers, that does not exceed the sum of the following:
(1) The agency's direct cost of supplying the information in that
form.
(2) The standard cost for selling the same information to the
public in the form of a publication if the agency has published
the information and made the publication available for sale.
(3) In the case of the legislative services agency, a reasonable
percentage of the agency's direct cost of maintaining the system
in which the information is stored. However, the amount
charged by the legislative services agency under this
subdivision may not exceed the sum of the amounts it may
charge under subdivisions (1) and (2).
(h) This subsection applies to the fee charged by a public agency
for providing enhanced access to a public record. A public agency
may charge any reasonable fee agreed on in the contract under
section 3.5 of this chapter for providing enhanced access to public
records.
(i) This subsection applies to the fee charged by a public agency
for permitting a governmental entity to inspect public records by
means of an electronic device. A public agency may charge any
reasonable fee for the inspection of public records under this
subsection, or the public agency may waive any fee for the
inspection.
(j) Except as provided in subsection (k), a public agency may
charge a fee, uniform to all purchasers, for providing an electronic
map that is based upon a reasonable percentage of the agency's direct
cost of maintaining, upgrading, and enhancing the electronic map
and for the direct cost of supplying the electronic map in the form
requested by the purchaser. If the public agency is within a political
subdivision having a fiscal body, the fee is subject to the approval of
the fiscal body of the political subdivision.
(k) The fee charged by a public agency under subsection (j) to
cover costs for maintaining, upgrading, and enhancing an electronic
map may be waived by the public agency if the electronic map for
which the fee is charged will be used for a noncommercial purpose,
including the following:
(1) Public agency program support.
(2) Nonprofit activities.
(3) Journalism.
(4) Academic research. As added by P.L.19-1983, SEC.6. Amended by P.L.54-1985, SEC.6;
P.L.51-1986, SEC.2; P.L.58-1993, SEC.7; P.L.78-1995, SEC.1;
P.L.151-1999, SEC.1; P.L.89-2001, SEC.1; P.L.215-2007, SEC.1;
P.L.16-2008, SEC.1.
IC 5-14-3-8.3 Enhanced access fund; establishment by ordinance; purpose
Sec. 8.3. (a) The fiscal body of a political subdivision having a
public agency that charges a fee under section 8(h) or 8(i) of this
chapter shall adopt an ordinance establishing an enhanced access
fund. The ordinance must specify that the fund consists of fees
collected under section 8(h) or 8(i) of this chapter. The fund shall be
administered by the public agency or officer designated in the
ordinance or resolution. Money in the fund must be appropriated and
expended in the manner authorized in the ordinance.
(b) The fund is a dedicated fund with the following purposes:
(1) The replacement, improvement, and expansion of capital
expenditures.
(2) The reimbursement of operating expenses incurred in
providing enh
IC 5-14-3-1 Public policy; construction; burden of proof for nondisclosure
Sec. 1. A fundamental philosophy of the American constitutional
form of representative government is that government is the servant
of the people and not their master. Accordingly, it is the public
policy of the state that all persons are entitled to full and complete
information regarding the affairs of government and the official acts
of those who represent them as public officials and employees.
Providing persons with the information is an essential function of a
representative government and an integral part of the routine duties
of public officials and employees, whose duty it is to provide the
information. This chapter shall be liberally construed to implement
this policy and place the burden of proof for the nondisclosure of a
public record on the public agency that would deny access to the
record and not on the person seeking to inspect and copy the record. As added by P.L.19-1983, SEC.6. Amended by P.L.77-1995, SEC.1.
IC 5-14-3-2 Definitions
Sec. 2. (a) The definitions set forth in this section apply
throughout this chapter.
(b) "Copy" includes transcribing by handwriting, photocopying,
xerography, duplicating machine, duplicating electronically stored
data onto a disk, tape, drum, or any other medium of electronic data
storage, and reproducing by any other means.
(c) "Direct cost" means one hundred five percent (105%) of the
sum of the cost of:
(1) the initial development of a program, if any;
(2) the labor required to retrieve electronically stored data; and
(3) any medium used for electronic output;
for providing a duplicate of electronically stored data onto a disk,
tape, drum, or other medium of electronic data retrieval under section
8(g) of this chapter, or for reprogramming a computer system under
section 6(c) of this chapter.
(d) "Electronic map" means copyrighted data provided by a public
agency from an electronic geographic information system.
(e) "Enhanced access" means the inspection of a public record by
a person other than a governmental entity and that:
(1) is by means of an electronic device other than an electronic
device provided by a public agency in the office of the public
agency; or
(2) requires the compilation or creation of a list or report that
does not result in the permanent electronic storage of the
information.
(f) "Facsimile machine" means a machine that electronically
transmits exact images through connection with a telephone network.
(g) "Inspect" includes the right to do the following:
(1) Manually transcribe and make notes, abstracts, or
memoranda.
(2) In the case of tape recordings or other aural public records,
to listen and manually transcribe or duplicate, or make notes,
abstracts, or other memoranda from them.
(3) In the case of public records available:
(A) by enhanced access under section 3.5 of this chapter; or
(B) to a governmental entity under section 3(c)(2) of this
chapter;
to examine and copy the public records by use of an electronic
device.
(4) In the case of electronically stored data, to manually
transcribe and make notes, abstracts, or memoranda or to
duplicate the data onto a disk, tape, drum, or any other medium
of electronic storage.
(h) "Investigatory record" means information compiled in the
course of the investigation of a crime.
(i) "Offender" means a person confined in a penal institution as
the result of the conviction for a crime.
(j) "Patient" has the meaning set out in IC 16-18-2-272(d).
(k) "Person" means an individual, a corporation, a limited liability
company, a partnership, an unincorporated association, or a
governmental entity.
(l) "Provider" has the meaning set out in IC 16-18-2-295(b) and
includes employees of the state department of health or local boards
of health who create patient records at the request of another
provider or who are social workers and create records concerning the
family background of children who may need assistance.
(m) "Public agency", except as provided in section 2.1 of this
chapter, means the following:
(1) Any board, commission, department, division, bureau,
committee, agency, office, instrumentality, or authority, by
whatever name designated, exercising any part of the executive,
administrative, judicial, or legislative power of the state.
(2) Any:
(A) county, township, school corporation, city, or town, or
any board, commission, department, division, bureau,
committee, office, instrumentality, or authority of any
county, township, school corporation, city, or town;
(B) political subdivision (as defined by IC 36-1-2-13); or
(C) other entity, or any office thereof, by whatever name
designated, exercising in a limited geographical area the
executive, administrative, judicial, or legislative power of
the state or a delegated local governmental power.
(3) Any entity or office that is subject to:
(A) budget review by either the department of local
government finance or the governing body of a county, city,
town, township, or school corporation; or
(B) an audit by the state board of accounts that is required by
statute, rule, or regulation.
(4) Any building corporation of a political subdivision that
issues bonds for the purpose of constructing public facilities.
(5) Any advisory commission, committee, or body created by
statute, ordinance, or executive order to advise the governing
body of a public agency, except medical staffs or the
committees of any such staff.
(6) Any law enforcement agency, which means an agency or a
department of any level of government that engages in the
investigation, apprehension, arrest, or prosecution of alleged
criminal offenders, such as the state police department, the
police or sheriff's department of a political subdivision,
prosecuting attorneys, members of the excise police division of
the alcohol and tobacco commission, conservation officers of
the department of natural resources, gaming agents of the
Indiana gaming commission, gaming control officers of the
Indiana gaming commission, and the security division of the
state lottery commission.
(7) Any license branch staffed by employees of the bureau of
motor vehicles commission under IC 9-16.
(8) The state lottery commission established by IC 4-30-3-1,
including any department, division, or office of the commission.
(9) The Indiana gaming commission established under IC 4-33,
including any department, division, or office of the commission.
(10) The Indiana horse racing commission established by
IC 4-31, including any department, division, or office of the
commission.
(n) "Public record" means any writing, paper, report, study, map,
photograph, book, card, tape recording, or other material that is
created, received, retained, maintained, or filed by or with a public
agency and which is generated on paper, paper substitutes,
photographic media, chemically based media, magnetic or machine
readable media, electronically stored data, or any other material,
regardless of form or characteristics.
(o) "Standard-sized documents" includes all documents that can
be mechanically reproduced (without mechanical reduction) on paper
sized eight and one-half (8 1/2) inches by eleven (11) inches or eight
and one-half (8 1/2) inches by fourteen (14) inches.
(p) "Trade secret" has the meaning set forth in IC 24-2-3-2.
(q) "Work product of an attorney" means information compiled by
an attorney in reasonable anticipation of litigation. The term includes
the attorney's:
(1) notes and statements taken during interviews of prospective
witnesses; and
(2) legal research or records, correspondence, reports, or
memoranda to the extent that each contains the attorney's
opinions, theories, or conclusions.
This definition does not restrict the application of any exception
under section 4 of this chapter. As added by P.L.19-1983, SEC.6. Amended by P.L.34-1984, SEC.1;
P.L.54-1985, SEC.1; P.L.50-1986, SEC.1; P.L.42-1986, SEC.2;
IC 5-14-3-2.1 "Public agency"; certain providers exempted
Sec. 2.1. "Public agency", for purposes of this chapter, does not
mean a provider of goods, services, or other benefits that meets the
following requirements:
(1) The provider receives public funds through an agreement
with the state, a county, or a municipality that meets the
following requirements:
(A) The agreement provides for the payment of fees to the
entity in exchange for services, goods, or other benefits.
(B) The amount of fees received by the entity under the
agreement is not based upon or does not involve a
consideration of the tax revenues or receipts of the state,
county, or municipality.
(C) The amount of the fees are negotiated by the entity and
the state, county, or municipality.
(D) The state, county, or municipality is billed for fees by
the entity for the services, goods, or other benefits actually
provided by the entity.
(2) The provider is not required by statute, rule, or regulation to
be audited by the state board of accounts. As added by P.L.179-2007, SEC.8.
IC 5-14-3-3 Right to inspect and copy public agency records; electronic data
storage; use of information for commercial purposes; contracts
Sec. 3. (a) Any person may inspect and copy the public records of
any public agency during the regular business hours of the agency,
except as provided in section 4 of this chapter. A request for
inspection or copying must:
(1) identify with reasonable particularity the record being
requested; and
(2) be, at the discretion of the agency, in writing on or in a form
provided by the agency.
No request may be denied because the person making the request
refuses to state the purpose of the request, unless such condition is
required by other applicable statute.
(b) A public agency may not deny or interfere with the exercise
of the right stated in subsection (a). The public agency shall either:
(1) provide the requested copies to the person making the
request; or
(2) allow the person to make copies:
(A) on the agency's equipment; or
(B) on the person's own equipment.
(c) Notwithstanding subsections (a) and (b), a public agency may
or may not do the following:
(1) In accordance with a contract described in section 3.5 of this
chapter, permit a person to inspect and copy through the use of
enhanced access public records containing information owned
by or entrusted to the public agency.
(2) Permit a governmental entity to use an electronic device to
inspect and copy public records containing information owned
by or entrusted to the public agency.
(d) Except as provided in subsection (e), a public agency that
maintains or contracts for the maintenance of public records in an
electronic data storage system shall make reasonable efforts to
provide to a person making a request a copy of all disclosable data
contained in the records on paper, disk, tape, drum, or any other
method of electronic retrieval if the medium requested is compatible
with the agency's data storage system. This subsection does not apply
to an electronic map.
(e) A state agency may adopt a rule under IC 4-22-2, and a
political subdivision may enact an ordinance, prescribing the
conditions under which a person who receives information on disk
or tape under subsection (d) may or may not use the information for
commercial purposes, including to sell, advertise, or solicit the
purchase of merchandise, goods, or services, or sell, loan, give away,
or otherwise deliver the information obtained by the request to any
other person for these purposes. Use of information received under
subsection (d) in connection with the preparation or publication of
news, for nonprofit activities, or for academic research is not
prohibited. A person who uses information in a manner contrary to
a rule or ordinance adopted under this subsection may be prohibited
by the state agency or political subdivision from obtaining a copy or
any further data under subsection (d).
(f) Notwithstanding the other provisions of this section, a public
agency is not required to create or provide copies of lists of names
and addresses (including electronic mail account addresses) unless
the public agency is required to publish such lists and disseminate
them to the public under a statute. However, if a public agency has
created a list of names and addresses (excluding electronic mail
account addresses) it must permit a person to inspect and make
memoranda abstracts from the list unless access to the list is
prohibited by law. The lists of names and addresses (including
electronic mail account addresses) described in subdivisions (1)
through (3) may not be disclosed by public agencies to any
individual or entity for political purposes and may not be used by any
individual or entity for political purposes. In addition, the lists of
names and addresses (including electronic mail account addresses)
described in subdivisions (1) through (3) may not be disclosed by
public agencies to commercial entities for commercial purposes and
may not be used by commercial entities for commercial purposes.
The prohibition in this subsection against the disclosure of lists for
political or commercial purposes applies to the following lists of
names and addresses (including electronic mail account addresses):
(1) A list of employees of a public agency.
(2) A list of persons attending conferences or meetings at a state
educational institution or of persons involved in programs or
activities conducted or supervised by the state educational
institution.
(3) A list of students who are enrolled in a public school
corporation if the governing body of the public school
corporation adopts a policy:
(A) with respect to disclosure related to a commercial
purpose, prohibiting the disclosure of the list to commercial
entities for commercial purposes;
(B) with respect to disclosure related to a commercial
purpose, specifying the classes or categories of commercial
entities to which the list may not be disclosed or by which
the list may not be used for commercial purposes; or
(C) with respect to disclosure related to a political purpose,
prohibiting the disclosure of the list to individuals and
entities for political purposes.
A policy adopted under subdivision (3)(A) or (3)(B) must be uniform
and may not discriminate among similarly situated commercial
entities. For purposes of this subsection, "political purposes" means
influencing the election of a candidate for federal, state, legislative,
local, or school board office or the outcome of a public question or
attempting to solicit a contribution to influence the election of a
candidate for federal, state, legislative, local, or school board office
or the outcome of a public question.
(g) A public agency may not enter into or renew a contract or an
obligation:
(1) for the storage or copying of public records; or
(2) that requires the public to obtain a license or pay copyright
royalties for obtaining the right to inspect and copy the records
unless otherwise provided by applicable statute;
if the contract, obligation, license, or copyright unreasonably impairs
the right of the public to inspect and copy the agency's public
records.
(h) If this section conflicts with IC 3-7, the provisions of IC 3-7
apply. As added by P.L.19-1983, SEC.6. Amended by P.L.54-1985, SEC.2;
P.L.51-1986, SEC.1; P.L.58-1993, SEC.2; P.L.77-1995, SEC.3;
P.L.173-2003, SEC.4 and P.L.261-2003, SEC.6; P.L.22-2006,
SEC.1; P.L.1-2007, SEC.29; P.L.2-2007, SEC.100.
IC 5-14-3-3.5 State agencies; enhanced access to public records; office of
technology
Sec. 3.5. (a) As used in this section, "state agency" has the
meaning set forth in IC 4-13-1-1. The term does not include the
office of the following elected state officials:
(1) Secretary of state.
(2) Auditor.
(3) Treasurer.
(4) Attorney general.
(5) Superintendent of public instruction.
However, each state office described in subdivisions (1) through (5)
and the judicial department of state government may use the
computer gateway administered by the office of technology
established by IC 4-13.1-2-1, subject to the requirements of this
section.
(b) As an additional means of inspecting and copying public
records, a state agency may provide enhanced access to public
records maintained by the state agency.
(c) If the state agency has entered into a contract with a third party
under which the state agency provides enhanced access to the person
through the third party's computer gateway or otherwise, all of the
following apply to the contract:
(1) The contract between the state agency and the third party
must provide for the protection of public records in accordance
with subsection (d).
(2) The contract between the state agency and the third party
may provide for the payment of a reasonable fee to the state
agency by either:
(A) the third party; or
(B) the person.
(d) A contract required by this section must provide that the
person and the third party will not engage in the following:
(1) Unauthorized enhanced access to public records.
(2) Unauthorized alteration of public records.
(3) Disclosure of confidential public records.
(e) A state agency shall provide enhanced access to public records
only through the computer gateway administered by the office of
technology. As added by P.L.58-1993, SEC.3. Amended by P.L.77-1995, SEC.4;
P.L.19-1997, SEC.2; P.L.14-2004, SEC.183; P.L.177-2005, SEC.15.
IC 5-14-3-3.6 Public agencies; enhanced access to public records; office of
technology
Sec. 3.6. (a) As used in this section "public agency" does not
include a state agency (as defined in section 3.5(a) of this chapter).
(b) As an additional means of inspecting and copying public
records, a public agency may provide enhanced access to public
records maintained by the public agency.
(c) A public agency may provide a person with enhanced access
to public records if any of the following apply:
(1) The public agency provides enhanced access to the person
through its own computer gateway and provides for the
protection of public records under subsection (d).
(2) The public agency has entered into a contract with a third
party under which the public agency provides enhanced access
to the person through the third party's computer gateway or
otherwise, and the contract between the public agency and the
third party provides for the protection of public records in
accordance with subsection (d).
(d) A contract entered into under this section and any other
provision of enhanced access must provide that the third party and
the person will not engage in the following:
(1) Unauthorized enhanced access to public records.
(2) Unauthorized alteration of public records.
(3) Disclosure of confidential public records.
(e) A contract entered into under this section or any provision of
enhanced access may require the payment of a reasonable fee to
either the third party to a contract or to the public agency, or both,
from the person.
(f) A public agency may provide enhanced access to public
records through the computer gateway administered by the office of
technology established by IC 4-13.1-2-1. As added by P.L.19-1997, SEC.3. Amended by P.L.177-2005,
SEC.16.
IC 5-14-3-4 Records excepted from disclosure requirements; names and
addresses; time limitations; destruction of records
Sec. 4. (a) The following public records are excepted from section
3 of this chapter and may not be disclosed by a public agency, unless
access to the records is specifically required by a state or federal
statute or is ordered by a court under the rules of discovery:
(1) Those declared confidential by state statute.
(2) Those declared confidential by rule adopted by a public
agency under specific authority to classify public records as
confidential granted to the public agency by statute.
(3) Those required to be kept confidential by federal law.
(4) Records containing trade secrets.
(5) Confidential financial information obtained, upon request,
from a person. However, this does not include information that
is filed with or received by a public agency pursuant to state
statute.
(6) Information concerning research, including actual research
documents, conducted under the auspices of a state educational
institution, including information:
(A) concerning any negotiations made with respect to the
research; and
(B) received from another party involved in the research.
(7) Grade transcripts and license examination scores obtained
as part of a licensure process.
(8) Those declared confidential by or under rules adopted by the
supreme court of Indiana.
(9) Patient medical records and charts created by a provider,
unless the patient gives written consent under IC 16-39 or as
provided under IC 16-41-8.
(10) Application information declared confidential by the board
of the Indiana economic development corporation under
IC 5-28-16.
(11) A photograph, a video recording, or an audio recording of
an autopsy, except as provided in IC 36-2-14-10.
(12) A Social Security number contained in the records of a
public agency.
(b) Except as otherwise provided by subsection (a), the following
public records shall be excepted from section 3 of this chapter at the
discretion of a public agency:
(1) Investigatory records of law enforcement agencies.
However, certain law enforcement records must be made
available for inspection and copying as provided in section 5 of
this chapter.
(2) The work product of an attorney representing, pursuant to
state employment or an appointment by a public agency:
(A) a public agency;
(B) the state; or
(C) an individual.
(3) Test questions, scoring keys, and other examination data
used in administering a licensing examination, examination for
employment, or academic examination before the examination
is given or if it is to be given again.
(4) Scores of tests if the person is identified by name and has
not consented to the release of the person's scores.
(5) The following:
(A) Records relating to negotiations between the Indiana
economic development corporation, the ports of Indiana, the
Indiana state department of agriculture, the Indiana finance
authority, an economic development commission, a local
economic development organization (as defined in
IC 5-28-11-2(3)), or a governing body of a political
subdivision with industrial, research, or commercial
prospects, if the records are created while negotiations are in
progress.
(B) Notwithstanding clause (A), the terms of the final offer
of public financial resources communicated by the Indiana
economic development corporation, the ports of Indiana, the
Indiana finance authority, an economic development
commission, or a governing body of a political subdivision
to an industrial, a research, or a commercial prospect shall
be available for inspection and copying under section 3 of
this chapter after negotiations with that prospect have
terminated.
(C) When disclosing a final offer under clause (B), the
Indiana economic development corporation shall certify that
the information being disclosed accurately and completely
represents the terms of the final offer.
(6) Records that are intra-agency or interagency advisory or
deliberative material, including material developed by a private
contractor under a contract with a public agency, that are
expressions of opinion or are of a speculative nature, and that
are communicated for the purpose of decision making.
(7) Diaries, journals, or other personal notes serving as the
functional equivalent of a diary or journal.
(8) Personnel files of public employees and files of applicants
for public employment, except for:
(A) the name, compensation, job title, business address,
business telephone number, job description, education and
training background, previous work experience, or dates of
first and last employment of present or former officers or
employees of the agency;
(B) information relating to the status of any formal charges
against the employee; and
(C) the factual basis for a disciplinary action in which final
action has been taken and that resulted in the employee
being suspended, demoted, or discharged.
However, all personnel file information shall be made available
to the affected employee or the employee's representative. This
subdivision does not apply to disclosure of personnel
information generally on all employees or for groups of
employees without the request being particularized by employee
name.
(9) Minutes or records of hospital medical staff meetings.
(10) Administrative or technical information that would
jeopardize a record keeping or security system.
(11) Computer programs, computer codes, computer filing
systems, and other software that are owned by the public agency
or entrusted to it and portions of electronic maps entrusted to a
public agency by a utility.
(12) Records specifically prepared for discussion or developed
during discussion in an executive session under IC 5-14-1.5-6.1.
However, this subdivision does not apply to that information
required to be available for inspection and copying under
subdivision (8).
(13) The work product of the legislative services agency under
personnel rules approved by the legislative council.
(14) The work product of individual members and the partisan
staffs of the general assembly.
(15) The identity of a donor of a gift made to a public agency if:
(A) the donor requires nondisclosure of the donor's identity
as a condition of making the gift; or
(B) after the gift is made, the donor or a member of the
donor's family requests nondisclosure.
(16) Library or archival records:
(A) which can be used to identify any library patron; or
(B) deposited with or acquired by a library upon a condition
that the records be disclosed only:
(i) to qualified researchers;
(ii) after the passing of a period of years that is specified
in the documents under which the deposit or acquisition is
made; or
(iii) after the death of persons specified at the time of the
acquisition or deposit.
However, nothing in this subdivision shall limit or affect
contracts entered into by the Indiana state library pursuant to
IC 4-1-6-8.
(17) The identity of any person who contacts the bureau of
motor vehicles concerning the ability of a driver to operate a
motor vehicle safely and the medical records and evaluations
made by the bureau of motor vehicles staff or members of the
driver licensing medical advisory board regarding the ability of
a driver to operate a motor vehicle safely. However, upon
written request to the commissioner of the bureau of motor
vehicles, the driver must be given copies of the driver's medical
records and evaluations.
(18) School safety and security measures, plans, and systems,
including emergency preparedness plans developed under 511
IAC 6.1-2-2.5.
(19) A record or a part of a record, the public disclosure of
which would have a reasonable likelihood of threatening public
safety by exposing a vulnerability to terrorist attack. A record
described under this subdivision includes:
(A) a record assembled, prepared, or maintained to prevent,
mitigate, or respond to an act of terrorism under
IC 35-47-12-1 or an act of agricultural terrorism under
IC 35-47-12-2;
(B) vulnerability assessments;
(C) risk planning documents;
(D) needs assessments;
(E) threat assessments;
(F) intelligence assessments;
(G) domestic preparedness strategies;
(H) the location of community drinking water wells and
surface water intakes;
(I) the emergency contact information of emergency
responders and volunteers;
(J) infrastructure records that disclose the configuration of
critical systems such as communication, electrical,
ventilation, water, and wastewater systems; and
(K) detailed drawings or specifications of structural
elements, floor plans, and operating, utility, or security
systems, whether in paper or electronic form, of any building
or facility located on an airport (as defined in IC 8-21-1-1)
that is owned, occupied, leased, or maintained by a public
agency. A record described in this clause may not be
released for public inspection by any public agency without
the prior approval of the public agency that owns, occupies,
leases, or maintains the airport. The public agency that
owns, occupies, leases, or maintains the airport:
(i) is responsible for determining whether the public
disclosure of a record or a part of a record has a reasonable
likelihood of threatening public safety by exposing a
vulnerability to terrorist attack; and
(ii) must identify a record described under item (i) and
clearly mark the record as "confidential and not subject to
public disclosure under IC 5-14-3-4(b)(19)(J) without
approval of (insert name of submitting public agency)".
This subdivision does not apply to a record or portion of a
record pertaining to a location or structure owned or protected
by a public agency in the event that an act of terrorism under
IC 35-47-12-1 or an act of agricultural terrorism under
IC 35-47-12-2 has occurred at that location or structure, unless
release of the record or portion of the record would have a
reasonable likelihood of threatening public safety by exposing
a vulnerability of other locations or structures to terrorist attack.
(20) The following personal information concerning a customer
of a municipally owned utility (as defined in IC 8-1-2-1):
(A) Telephone number.
(B) Address.
(C) Social Security number.
(21) The following personal information about a complainant
contained in records of a law enforcement agency:
(A) Telephone number.
(B) The complainant's address. However, if the
complainant's address is the location of the suspected crime,
infraction, accident, or complaint reported, the address shall
be made available for public inspection and copying.
(22) Notwithstanding subdivision (8)(A), the name,
compensation, job title, business address, business telephone
number, job description, education and training background,
previous work experience, or dates of first employment of a law
enforcement officer who is operating in an undercover capacity.
(23) Records requested by an offender that:
(A) contain personal information relating to:
(i) a correctional officer (as defined in IC 5-10-10-1.5);
(ii) the victim of a crime; or
(iii) a family member of a correctional officer or the victim
of a crime; or
(B) concern or could affect the security of a jail or
correctional facility.
(c) Nothing contained in subsection (b) shall limit or affect the
right of a person to inspect and copy a public record required or
directed to be made by any statute or by any rule of a public agency.
(d) Notwithstanding any other law, a public record that is
classified as confidential, other than a record concerning an adoption
or patient medical records, shall be made available for inspection and
copying seventy-five (75) years after the creation of that record.
(e) Only the content of a public record may form the basis for the
adoption by any public agency of a rule or procedure creating an
exception from disclosure under this section.
(f) Except as provided by law, a public agency may not adopt a
rule or procedure that creates an exception from disclosure under this
section based upon whether a public record is stored or accessed
using paper, electronic media, magnetic media, optical media, or
other information storage technology.
(g) Except as provided by law, a public agency may not adopt a
rule or procedure nor impose any costs or liabilities that impede or
restrict the reproduction or dissemination of any public record.
(h) Notwithstanding subsection (d) and section 7 of this chapter:
(1) public records subject to IC 5-15 may be destroyed only in
accordance with record retention schedules under IC 5-15; or
(2) public records not subject to IC 5-15 may be destroyed in
the ordinary course of business. As added by P.L.19-1983, SEC.6. Amended by P.L.57-1983, SEC.1;
P.L.34-1984, SEC.2; P.L.54-1985, SEC.3; P.L.50-1986, SEC.2;
P.L.20-1988, SEC.12; P.L.11-1990, SEC.111; P.L.1-1991, SEC.38;
P.L.10-1991, SEC.9; P.L.50-1991, SEC.1; P.L.49-1991, SEC.1;
P.L.1-1992, SEC.11; P.L.2-1993, SEC.50; P.L.58-1993, SEC.4;
P.L.190-1999, SEC.2; P.L.37-2000, SEC.2; P.L.271-2001, SEC.1;
P.L.201-2001, SEC.1; P.L.1-2002, SEC.17; P.L.173-2003, SEC.5;
P.L.261-2003, SEC.7; P.L.208-2003, SEC.1; P.L.200-2003, SEC.3;
P.L.210-2005, SEC.1; P.L.1-2006, SEC.102; P.L.101-2006, SEC.4;
P.L.2-2007, SEC.101; P.L.172-2007, SEC.1; P.L.179-2007, SEC.9;
P.L.3-2008, SEC.29; P.L.51-2008, SEC.2; P.L.98-2008, SEC.4;
P.L.120-2008, SEC.2; P.L.94-2010, SEC.1.
IC 5-14-3-4.1
Repealed
(Repealed by P.L.1-1989, SEC.75.)
IC 5-14-3-4.3 Job title or job descriptions of law enforcement officers
Sec. 4.3. Nothing contained in section 4(b)(8) of this chapter
requires a law enforcement agency to release to the public the job
title or job description of law enforcement officers. As added by P.L.35-1984, SEC.1.
IC 5-14-3-4.5 Indiana economic development corporation negotiation records
excepted from disclosure; disclosure of final offers
Sec. 4.5. (a) Records relating to negotiations between the Indiana
economic development corporation and industrial, research, or
commercial prospects are excepted from section 3 of this chapter at
the discretion of the corporation if the records are created while
negotiations are in progress.
(b) Notwithstanding subsection (a), the terms of the final offer of
public financial resources communicated by the corporation to an
industrial, a research, or a commercial prospect shall be available for
inspection and copying under section 3 of this chapter after
negotiations with that prospect have terminated.
(c) When disclosing a final offer under subsection (b), the
corporation shall certify that the information being disclosed
accurately and completely represents the terms of the final offer. As added by P.L.4-2005, SEC.29.
IC 5-14-3-4.7 Negotiation records; final offers; certification of final offer
disclosure
Sec. 4.7. (a) Records relating to negotiations between the Indiana
finance authority and industrial, research, or commercial prospects
are excepted from section 3 of this chapter at the discretion of the
authority if the records are created while negotiations are in progress.
(b) Notwithstanding subsection (a), the terms of the final offer of
public financial resources communicated by the authority to an
industrial, a research, or a commercial prospect shall be available for
inspection and copying under section 3 of this chapter after
negotiations with that prospect have terminated.
(c) When disclosing a final offer under subsection (b), the
authority shall certify that the information being disclosed accurately
and completely represents the terms of the final offer. As added by P.L.235-2005, SEC.85.
IC 5-14-3-4.8 Records exempt from disclosure requirements; office of tourism
development negotiations; final offers public
Sec. 4.8. (a) Records relating to negotiations between the office
of tourism development and industrial, research, or commercial
prospects are excepted from section 3 of this chapter at the discretion
of the office of tourism development if the records are created while
negotiations are in progress.
(b) Notwithstanding subsection (a), the terms of the final offer of
public financial resources communicated by the office of tourism
development to an industrial, a research, or a commercial prospect
shall be available for inspection and copying under section 3 of this
chapter after negotiations with that prospect have terminated.
(c) When disclosing a final offer under subsection (b), the office
of tourism development shall certify that the information being
disclosed accurately and completely represents the terms of the final
offer. As added by P.L.229-2005, SEC.3.
IC 5-14-3-4.9 Ports of Indiana negotiation records excepted from disclosure;
disclosure of final offers
Sec. 4.9. (a) Records relating to negotiations between the ports of
Indiana and industrial, research, or commercial prospects are
excepted from section 3 of this chapter at the discretion of the ports
of Indiana if the records are created while negotiations are in
progress.
(b) Notwithstanding subsection (a), the terms of the final offer of
public financial resources communicated by the ports of Indiana to
an industrial, a research, or a commercial prospect shall be available
for inspection and copying under section 3 of this chapter after
negotiations with that prospect have terminated.
(c) When disclosing a final offer under subsection (b), the ports
of Indiana shall certify that the information being disclosed
accurately and completely represents the terms of the final offer. As added by P.L.98-2008, SEC.5.
IC 5-14-3-5 Information relating to arrest or summons; jailed persons; agency
records
Sec. 5. (a) If a person is arrested or summoned for an offense, the
following information shall be made available for inspection and
copying:
(1) Information that identifies the person including the person's
name, age, and address.
(2) Information concerning any charges on which the arrest or
summons is based.
(3) Information relating to the circumstances of the arrest or the
issuance of the summons, such as the:
(A) time and location of the arrest or the issuance of the
summons;
(B) investigating or arresting officer (other than an
undercover officer or agent); and
(C) investigating or arresting law enforcement agency.
(b) If a person is received in a jail or lock-up, the following
information shall be made available for inspection and copying:
(1) Information that identifies the person including the person's
name, age, and address.
(2) Information concerning the reason for the person being
placed in the jail or lock-up, including the name of the person
on whose order the person is being held.
(3) The time and date that the person was received and the time
and date of the person's discharge or transfer.
(4) The amount of the person's bail or bond, if it has been fixed.
(c) An agency shall maintain a daily log or record that lists
suspected crimes, accidents, or complaints, and the following
information shall be made available for inspection and copying:
(1) The time, substance, and location of all complaints or
requests for assistance received by the agency.
(2) The time and nature of the agency's response to all
complaints or requests for assistance.
(3) If the incident involves an alleged crime or infraction:
(A) the time, date, and location of occurrence;
(B) the name and age of any victim, unless the victim is a
victim of a crime under IC 35-42-4;
(C) the factual circumstances surrounding the incident; and
(D) a general description of any injuries, property, or
weapons involved.
The information required in this subsection shall be made available
for inspection and copying in compliance with this chapter. The
record containing the information must be created not later than
twenty-four (24) hours after the suspected crime, accident, or
complaint has been reported to the agency.
(d) This chapter does not affect IC 5-2-4, IC 10-13-3, or
IC 5-11-1-9. As added by P.L.19-1983, SEC.6. Amended by P.L.39-1992, SEC.1;
P.L.2-2003, SEC.24.
IC 5-14-3-5.5 Sealing certain records by court; hearing; notice
Sec. 5.5. (a) This section applies to a judicial public record.
(b) As used in this section, "judicial public record" does not
include a record submitted to a court for the sole purpose of
determining whether the record should be sealed.
(c) Before a court may seal a public record not declared
confidential under section 4(a) of this chapter, it must hold a hearing
at a date and time established by the court. Notice of the hearing
shall be posted at a place designated for posting notices in the
courthouse.
(d) At the hearing, parties or members of the general public must
be permitted to testify and submit written briefs. A decision to seal
all or part of a public record must be based on findings of fact and
conclusions of law, showing that the remedial benefits to be gained
by effectuating the public policy of the state declared in section 1 of
this chapter are outweighed by proof by a preponderance of the
evidence by the person seeking the sealing of the record that:
(1) a public interest will be secured by sealing the record;
(2) dissemination of the information contained in the record
will create a serious and imminent danger to that public interest;
(3) any prejudicial effect created by dissemination of the
information cannot be avoided by any reasonable method other
than sealing the record;
(4) there is a substantial probability that sealing the record will
be effective in protecting the public interest against the
perceived danger; and
(5) it is reasonably necessary for the record to remain sealed for
a period of time.
Sealed records shall be unsealed at the earliest possible time after the
circumstances necessitating the sealing of the records no longer exist. As added by P.L.54-1985, SEC.4. Amended by P.L.68-1987, SEC.1.
IC 5-14-3-6 Partially disclosable records; computer or microfilm record
systems; fees
Sec. 6. (a) If a public record contains disclosable and
nondisclosable information, the public agency shall, upon receipt of
a request under this chapter, separate the material that may be
disclosed and make it available for inspection and copying.
(b) If a public record stored on computer tape, computer disks,
microfilm, or a similar or analogous record system is made available
to:
(1) a person by enhanced access under section 3.5 of this
chapter; or
(2) a governmental entity by an electronic device;
the public agency may not make the record available for inspection
without first separating the material in the manner required by
subsection (a).
(c) A public agency may charge a person who makes a request for
disclosable information the agency's direct cost of reprogramming a
computer system if:
(1) the disclosable information is stored on a computer tape,
computer disc, or a similar or analogous record system; and
(2) the public agency is required to reprogram the computer
system to separate the disclosable information from
nondisclosable information.
(d) A public agency is not required to reprogram a computer
system to provide:
(1) enhanced access; or
(2) access to a governmental entity by an electronic device. As added by P.L.19-1983, SEC.6. Amended by P.L.54-1985, SEC.5;
P.L.58-1993, SEC.5; P.L.77-1995, SEC.5.
IC 5-14-3-6.5 Confidentiality of public record
Sec. 6.5. A public agency that receives a confidential public
record from another public agency shall maintain the confidentiality
of the public record. As added by P.L.34-1984, SEC.3.
IC 5-14-3-7 Protection against loss, alteration, destruction, and unauthorized
enhanced access
Sec. 7. (a) A public agency shall protect public records from loss,
alteration, mutilation, or destruction, and regulate any material
interference with the regular discharge of the functions or duties of
the public agency or public employees.
(b) A public agency shall take precautions that protect the
contents of public records from unauthorized enhanced access,
unauthorized access by an electronic device, or alteration.
(c) This section does not operate to deny to any person the rights
secured by section 3 of this chapter. As added by P.L.19-1983, SEC.6. Amended by P.L.58-1993, SEC.6. IC 5-14-3-8 Fees; copies
Sec. 8. (a) For the purposes of this section, "state agency" has the
meaning set forth in IC 4-13-1-1.
(b) Except as provided in this section, a public agency may not
charge any fee under this chapter:
(1) to inspect a public record; or
(2) to search for, examine, or review a record to determine
whether the record may be disclosed.
(c) The Indiana department of administration shall establish a
uniform copying fee for the copying of one (1) page of a
standard-sized document by state agencies. The fee may not exceed
the average cost of copying records by state agencies or ten cents
($0.10) per page, whichever is greater. A state agency may not
collect more than the uniform copying fee for providing a copy of a
public record. However, a state agency shall establish and collect a
reasonable fee for copying nonstandard-sized documents.
(d) This subsection applies to a public agency that is not a state
agency. The fiscal body (as defined in IC 36-1-2-6) of the public
agency, or the governing body, if there is no fiscal body, shall
establish a fee schedule for the certification or copying of
documents. The fee for certification of documents may not exceed
five dollars ($5) per document. The fee for copying documents may
not exceed the greater of:
(1) ten cents ($0.10) per page for copies that are not color
copies or twenty-five cents ($0.25) per page for color copies; or
(2) the actual cost to the agency of copying the document.
As used in this subsection, "actual cost" means the cost of paper and
the per-page cost for use of copying or facsimile equipment and does
not include labor costs or overhead costs. A fee established under
this subsection must be uniform throughout the public agency and
uniform to all purchasers.
(e) If:
(1) a person is entitled to a copy of a public record under this
chapter; and
(2) the public agency which is in possession of the record has
reasonable access to a machine capable of reproducing the
public record;
the public agency must provide at least one (1) copy of the public
record to the person. However, if a public agency does not have
reasonable access to a machine capable of reproducing the record or
if the person cannot reproduce the record by use of enhanced access
under section 3.5 of this chapter, the person is only entitled to inspect
and manually transcribe the record. A public agency may require that
the payment for copying costs be made in advance.
(f) Notwithstanding subsection (b), (c), (d), (g), (h), or (i), a
public agency shall collect any certification, copying, facsimile
machine transmission, or search fee that is specified by statute or is
ordered by a court.
(g) Except as provided by subsection (h), for providing a duplicate
of a computer tape, computer disc, microfilm, or similar or analogous
record system containing information owned by the public agency or
entrusted to it, a public agency may charge a fee, uniform to all
purchasers, that does not exceed the sum of the following:
(1) The agency's direct cost of supplying the information in that
form.
(2) The standard cost for selling the same information to the
public in the form of a publication if the agency has published
the information and made the publication available for sale.
(3) In the case of the legislative services agency, a reasonable
percentage of the agency's direct cost of maintaining the system
in which the information is stored. However, the amount
charged by the legislative services agency under this
subdivision may not exceed the sum of the amounts it may
charge under subdivisions (1) and (2).
(h) This subsection applies to the fee charged by a public agency
for providing enhanced access to a public record. A public agency
may charge any reasonable fee agreed on in the contract under
section 3.5 of this chapter for providing enhanced access to public
records.
(i) This subsection applies to the fee charged by a public agency
for permitting a governmental entity to inspect public records by
means of an electronic device. A public agency may charge any
reasonable fee for the inspection of public records under this
subsection, or the public agency may waive any fee for the
inspection.
(j) Except as provided in subsection (k), a public agency may
charge a fee, uniform to all purchasers, for providing an electronic
map that is based upon a reasonable percentage of the agency's direct
cost of maintaining, upgrading, and enhancing the electronic map
and for the direct cost of supplying the electronic map in the form
requested by the purchaser. If the public agency is within a political
subdivision having a fiscal body, the fee is subject to the approval of
the fiscal body of the political subdivision.
(k) The fee charged by a public agency under subsection (j) to
cover costs for maintaining, upgrading, and enhancing an electronic
map may be waived by the public agency if the electronic map for
which the fee is charged will be used for a noncommercial purpose,
including the following:
(1) Public agency program support.
(2) Nonprofit activities.
(3) Journalism.
(4) Academic research. As added by P.L.19-1983, SEC.6. Amended by P.L.54-1985, SEC.6;
P.L.51-1986, SEC.2; P.L.58-1993, SEC.7; P.L.78-1995, SEC.1;
P.L.151-1999, SEC.1; P.L.89-2001, SEC.1; P.L.215-2007, SEC.1;
P.L.16-2008, SEC.1.
IC 5-14-3-8.3 Enhanced access fund; establishment by ordinance; purpose
Sec. 8.3. (a) The fiscal body of a political subdivision having a
public agency that charges a fee under section 8(h) or 8(i) of this
chapter shall adopt an ordinance establishing an enhanced access
fund. The ordinance must specify that the fund consists of fees
collected under section 8(h) or 8(i) of this chapter. The fund shall be
administered by the public agency or officer designated in the
ordinance or resolution. Money in the fund must be appropriated and
expended in the manner authorized in the ordinance.
(b) The fund is a dedicated fund with the following purposes:
(1) The replacement, improvement, and expansion of capital
expenditures.
(2) The reimbursement of operating expenses incurred in
providing enh
IC 5-14-3-1 Public policy; construction; burden of proof for nondisclosure
Sec. 1. A fundamental philosophy of the American constitutional
form of representative government is that government is the servant
of the people and not their master. Accordingly, it is the public
policy of the state that all persons are entitled to full and complete
information regarding the affairs of government and the official acts
of those who represent them as public officials and employees.
Providing persons with the information is an essential function of a
representative government and an integral part of the routine duties
of public officials and employees, whose duty it is to provide the
information. This chapter shall be liberally construed to implement
this policy and place the burden of proof for the nondisclosure of a
public record on the public agency that would deny access to the
record and not on the person seeking to inspect and copy the record. As added by P.L.19-1983, SEC.6. Amended by P.L.77-1995, SEC.1.
IC 5-14-3-2 Definitions
Sec. 2. (a) The definitions set forth in this section apply
throughout this chapter.
(b) "Copy" includes transcribing by handwriting, photocopying,
xerography, duplicating machine, duplicating electronically stored
data onto a disk, tape, drum, or any other medium of electronic data
storage, and reproducing by any other means.
(c) "Direct cost" means one hundred five percent (105%) of the
sum of the cost of:
(1) the initial development of a program, if any;
(2) the labor required to retrieve electronically stored data; and
(3) any medium used for electronic output;
for providing a duplicate of electronically stored data onto a disk,
tape, drum, or other medium of electronic data retrieval under section
8(g) of this chapter, or for reprogramming a computer system under
section 6(c) of this chapter.
(d) "Electronic map" means copyrighted data provided by a public
agency from an electronic geographic information system.
(e) "Enhanced access" means the inspection of a public record by
a person other than a governmental entity and that:
(1) is by means of an electronic device other than an electronic
device provided by a public agency in the office of the public
agency; or
(2) requires the compilation or creation of a list or report that
does not result in the permanent electronic storage of the
information.
(f) "Facsimile machine" means a machine that electronically
transmits exact images through connection with a telephone network.
(g) "Inspect" includes the right to do the following:
(1) Manually transcribe and make notes, abstracts, or
memoranda.
(2) In the case of tape recordings or other aural public records,
to listen and manually transcribe or duplicate, or make notes,
abstracts, or other memoranda from them.
(3) In the case of public records available:
(A) by enhanced access under section 3.5 of this chapter; or
(B) to a governmental entity under section 3(c)(2) of this
chapter;
to examine and copy the public records by use of an electronic
device.
(4) In the case of electronically stored data, to manually
transcribe and make notes, abstracts, or memoranda or to
duplicate the data onto a disk, tape, drum, or any other medium
of electronic storage.
(h) "Investigatory record" means information compiled in the
course of the investigation of a crime.
(i) "Offender" means a person confined in a penal institution as
the result of the conviction for a crime.
(j) "Patient" has the meaning set out in IC 16-18-2-272(d).
(k) "Person" means an individual, a corporation, a limited liability
company, a partnership, an unincorporated association, or a
governmental entity.
(l) "Provider" has the meaning set out in IC 16-18-2-295(b) and
includes employees of the state department of health or local boards
of health who create patient records at the request of another
provider or who are social workers and create records concerning the
family background of children who may need assistance.
(m) "Public agency", except as provided in section 2.1 of this
chapter, means the following:
(1) Any board, commission, department, division, bureau,
committee, agency, office, instrumentality, or authority, by
whatever name designated, exercising any part of the executive,
administrative, judicial, or legislative power of the state.
(2) Any:
(A) county, township, school corporation, city, or town, or
any board, commission, department, division, bureau,
committee, office, instrumentality, or authority of any
county, township, school corporation, city, or town;
(B) political subdivision (as defined by IC 36-1-2-13); or
(C) other entity, or any office thereof, by whatever name
designated, exercising in a limited geographical area the
executive, administrative, judicial, or legislative power of
the state or a delegated local governmental power.
(3) Any entity or office that is subject to:
(A) budget review by either the department of local
government finance or the governing body of a county, city,
town, township, or school corporation; or
(B) an audit by the state board of accounts that is required by
statute, rule, or regulation.
(4) Any building corporation of a political subdivision that
issues bonds for the purpose of constructing public facilities.
(5) Any advisory commission, committee, or body created by
statute, ordinance, or executive order to advise the governing
body of a public agency, except medical staffs or the
committees of any such staff.
(6) Any law enforcement agency, which means an agency or a
department of any level of government that engages in the
investigation, apprehension, arrest, or prosecution of alleged
criminal offenders, such as the state police department, the
police or sheriff's department of a political subdivision,
prosecuting attorneys, members of the excise police division of
the alcohol and tobacco commission, conservation officers of
the department of natural resources, gaming agents of the
Indiana gaming commission, gaming control officers of the
Indiana gaming commission, and the security division of the
state lottery commission.
(7) Any license branch staffed by employees of the bureau of
motor vehicles commission under IC 9-16.
(8) The state lottery commission established by IC 4-30-3-1,
including any department, division, or office of the commission.
(9) The Indiana gaming commission established under IC 4-33,
including any department, division, or office of the commission.
(10) The Indiana horse racing commission established by
IC 4-31, including any department, division, or office of the
commission.
(n) "Public record" means any writing, paper, report, study, map,
photograph, book, card, tape recording, or other material that is
created, received, retained, maintained, or filed by or with a public
agency and which is generated on paper, paper substitutes,
photographic media, chemically based media, magnetic or machine
readable media, electronically stored data, or any other material,
regardless of form or characteristics.
(o) "Standard-sized documents" includes all documents that can
be mechanically reproduced (without mechanical reduction) on paper
sized eight and one-half (8 1/2) inches by eleven (11) inches or eight
and one-half (8 1/2) inches by fourteen (14) inches.
(p) "Trade secret" has the meaning set forth in IC 24-2-3-2.
(q) "Work product of an attorney" means information compiled by
an attorney in reasonable anticipation of litigation. The term includes
the attorney's:
(1) notes and statements taken during interviews of prospective
witnesses; and
(2) legal research or records, correspondence, reports, or
memoranda to the extent that each contains the attorney's
opinions, theories, or conclusions.
This definition does not restrict the application of any exception
under section 4 of this chapter. As added by P.L.19-1983, SEC.6. Amended by P.L.34-1984, SEC.1;
P.L.54-1985, SEC.1; P.L.50-1986, SEC.1; P.L.42-1986, SEC.2;
IC 5-14-3-2.1 "Public agency"; certain providers exempted
Sec. 2.1. "Public agency", for purposes of this chapter, does not
mean a provider of goods, services, or other benefits that meets the
following requirements:
(1) The provider receives public funds through an agreement
with the state, a county, or a municipality that meets the
following requirements:
(A) The agreement provides for the payment of fees to the
entity in exchange for services, goods, or other benefits.
(B) The amount of fees received by the entity under the
agreement is not based upon or does not involve a
consideration of the tax revenues or receipts of the state,
county, or municipality.
(C) The amount of the fees are negotiated by the entity and
the state, county, or municipality.
(D) The state, county, or municipality is billed for fees by
the entity for the services, goods, or other benefits actually
provided by the entity.
(2) The provider is not required by statute, rule, or regulation to
be audited by the state board of accounts. As added by P.L.179-2007, SEC.8.
IC 5-14-3-3 Right to inspect and copy public agency records; electronic data
storage; use of information for commercial purposes; contracts
Sec. 3. (a) Any person may inspect and copy the public records of
any public agency during the regular business hours of the agency,
except as provided in section 4 of this chapter. A request for
inspection or copying must:
(1) identify with reasonable particularity the record being
requested; and
(2) be, at the discretion of the agency, in writing on or in a form
provided by the agency.
No request may be denied because the person making the request
refuses to state the purpose of the request, unless such condition is
required by other applicable statute.
(b) A public agency may not deny or interfere with the exercise
of the right stated in subsection (a). The public agency shall either:
(1) provide the requested copies to the person making the
request; or
(2) allow the person to make copies:
(A) on the agency's equipment; or
(B) on the person's own equipment.
(c) Notwithstanding subsections (a) and (b), a public agency may
or may not do the following:
(1) In accordance with a contract described in section 3.5 of this
chapter, permit a person to inspect and copy through the use of
enhanced access public records containing information owned
by or entrusted to the public agency.
(2) Permit a governmental entity to use an electronic device to
inspect and copy public records containing information owned
by or entrusted to the public agency.
(d) Except as provided in subsection (e), a public agency that
maintains or contracts for the maintenance of public records in an
electronic data storage system shall make reasonable efforts to
provide to a person making a request a copy of all disclosable data
contained in the records on paper, disk, tape, drum, or any other
method of electronic retrieval if the medium requested is compatible
with the agency's data storage system. This subsection does not apply
to an electronic map.
(e) A state agency may adopt a rule under IC 4-22-2, and a
political subdivision may enact an ordinance, prescribing the
conditions under which a person who receives information on disk
or tape under subsection (d) may or may not use the information for
commercial purposes, including to sell, advertise, or solicit the
purchase of merchandise, goods, or services, or sell, loan, give away,
or otherwise deliver the information obtained by the request to any
other person for these purposes. Use of information received under
subsection (d) in connection with the preparation or publication of
news, for nonprofit activities, or for academic research is not
prohibited. A person who uses information in a manner contrary to
a rule or ordinance adopted under this subsection may be prohibited
by the state agency or political subdivision from obtaining a copy or
any further data under subsection (d).
(f) Notwithstanding the other provisions of this section, a public
agency is not required to create or provide copies of lists of names
and addresses (including electronic mail account addresses) unless
the public agency is required to publish such lists and disseminate
them to the public under a statute. However, if a public agency has
created a list of names and addresses (excluding electronic mail
account addresses) it must permit a person to inspect and make
memoranda abstracts from the list unless access to the list is
prohibited by law. The lists of names and addresses (including
electronic mail account addresses) described in subdivisions (1)
through (3) may not be disclosed by public agencies to any
individual or entity for political purposes and may not be used by any
individual or entity for political purposes. In addition, the lists of
names and addresses (including electronic mail account addresses)
described in subdivisions (1) through (3) may not be disclosed by
public agencies to commercial entities for commercial purposes and
may not be used by commercial entities for commercial purposes.
The prohibition in this subsection against the disclosure of lists for
political or commercial purposes applies to the following lists of
names and addresses (including electronic mail account addresses):
(1) A list of employees of a public agency.
(2) A list of persons attending conferences or meetings at a state
educational institution or of persons involved in programs or
activities conducted or supervised by the state educational
institution.
(3) A list of students who are enrolled in a public school
corporation if the governing body of the public school
corporation adopts a policy:
(A) with respect to disclosure related to a commercial
purpose, prohibiting the disclosure of the list to commercial
entities for commercial purposes;
(B) with respect to disclosure related to a commercial
purpose, specifying the classes or categories of commercial
entities to which the list may not be disclosed or by which
the list may not be used for commercial purposes; or
(C) with respect to disclosure related to a political purpose,
prohibiting the disclosure of the list to individuals and
entities for political purposes.
A policy adopted under subdivision (3)(A) or (3)(B) must be uniform
and may not discriminate among similarly situated commercial
entities. For purposes of this subsection, "political purposes" means
influencing the election of a candidate for federal, state, legislative,
local, or school board office or the outcome of a public question or
attempting to solicit a contribution to influence the election of a
candidate for federal, state, legislative, local, or school board office
or the outcome of a public question.
(g) A public agency may not enter into or renew a contract or an
obligation:
(1) for the storage or copying of public records; or
(2) that requires the public to obtain a license or pay copyright
royalties for obtaining the right to inspect and copy the records
unless otherwise provided by applicable statute;
if the contract, obligation, license, or copyright unreasonably impairs
the right of the public to inspect and copy the agency's public
records.
(h) If this section conflicts with IC 3-7, the provisions of IC 3-7
apply. As added by P.L.19-1983, SEC.6. Amended by P.L.54-1985, SEC.2;
P.L.51-1986, SEC.1; P.L.58-1993, SEC.2; P.L.77-1995, SEC.3;
P.L.173-2003, SEC.4 and P.L.261-2003, SEC.6; P.L.22-2006,
SEC.1; P.L.1-2007, SEC.29; P.L.2-2007, SEC.100.
IC 5-14-3-3.5 State agencies; enhanced access to public records; office of
technology
Sec. 3.5. (a) As used in this section, "state agency" has the
meaning set forth in IC 4-13-1-1. The term does not include the
office of the following elected state officials:
(1) Secretary of state.
(2) Auditor.
(3) Treasurer.
(4) Attorney general.
(5) Superintendent of public instruction.
However, each state office described in subdivisions (1) through (5)
and the judicial department of state government may use the
computer gateway administered by the office of technology
established by IC 4-13.1-2-1, subject to the requirements of this
section.
(b) As an additional means of inspecting and copying public
records, a state agency may provide enhanced access to public
records maintained by the state agency.
(c) If the state agency has entered into a contract with a third party
under which the state agency provides enhanced access to the person
through the third party's computer gateway or otherwise, all of the
following apply to the contract:
(1) The contract between the state agency and the third party
must provide for the protection of public records in accordance
with subsection (d).
(2) The contract between the state agency and the third party
may provide for the payment of a reasonable fee to the state
agency by either:
(A) the third party; or
(B) the person.
(d) A contract required by this section must provide that the
person and the third party will not engage in the following:
(1) Unauthorized enhanced access to public records.
(2) Unauthorized alteration of public records.
(3) Disclosure of confidential public records.
(e) A state agency shall provide enhanced access to public records
only through the computer gateway administered by the office of
technology. As added by P.L.58-1993, SEC.3. Amended by P.L.77-1995, SEC.4;
P.L.19-1997, SEC.2; P.L.14-2004, SEC.183; P.L.177-2005, SEC.15.
IC 5-14-3-3.6 Public agencies; enhanced access to public records; office of
technology
Sec. 3.6. (a) As used in this section "public agency" does not
include a state agency (as defined in section 3.5(a) of this chapter).
(b) As an additional means of inspecting and copying public
records, a public agency may provide enhanced access to public
records maintained by the public agency.
(c) A public agency may provide a person with enhanced access
to public records if any of the following apply:
(1) The public agency provides enhanced access to the person
through its own computer gateway and provides for the
protection of public records under subsection (d).
(2) The public agency has entered into a contract with a third
party under which the public agency provides enhanced access
to the person through the third party's computer gateway or
otherwise, and the contract between the public agency and the
third party provides for the protection of public records in
accordance with subsection (d).
(d) A contract entered into under this section and any other
provision of enhanced access must provide that the third party and
the person will not engage in the following:
(1) Unauthorized enhanced access to public records.
(2) Unauthorized alteration of public records.
(3) Disclosure of confidential public records.
(e) A contract entered into under this section or any provision of
enhanced access may require the payment of a reasonable fee to
either the third party to a contract or to the public agency, or both,
from the person.
(f) A public agency may provide enhanced access to public
records through the computer gateway administered by the office of
technology established by IC 4-13.1-2-1. As added by P.L.19-1997, SEC.3. Amended by P.L.177-2005,
SEC.16.
IC 5-14-3-4 Records excepted from disclosure requirements; names and
addresses; time limitations; destruction of records
Sec. 4. (a) The following public records are excepted from section
3 of this chapter and may not be disclosed by a public agency, unless
access to the records is specifically required by a state or federal
statute or is ordered by a court under the rules of discovery:
(1) Those declared confidential by state statute.
(2) Those declared confidential by rule adopted by a public
agency under specific authority to classify public records as
confidential granted to the public agency by statute.
(3) Those required to be kept confidential by federal law.
(4) Records containing trade secrets.
(5) Confidential financial information obtained, upon request,
from a person. However, this does not include information that
is filed with or received by a public agency pursuant to state
statute.
(6) Information concerning research, including actual research
documents, conducted under the auspices of a state educational
institution, including information:
(A) concerning any negotiations made with respect to the
research; and
(B) received from another party involved in the research.
(7) Grade transcripts and license examination scores obtained
as part of a licensure process.
(8) Those declared confidential by or under rules adopted by the
supreme court of Indiana.
(9) Patient medical records and charts created by a provider,
unless the patient gives written consent under IC 16-39 or as
provided under IC 16-41-8.
(10) Application information declared confidential by the board
of the Indiana economic development corporation under
IC 5-28-16.
(11) A photograph, a video recording, or an audio recording of
an autopsy, except as provided in IC 36-2-14-10.
(12) A Social Security number contained in the records of a
public agency.
(b) Except as otherwise provided by subsection (a), the following
public records shall be excepted from section 3 of this chapter at the
discretion of a public agency:
(1) Investigatory records of law enforcement agencies.
However, certain law enforcement records must be made
available for inspection and copying as provided in section 5 of
this chapter.
(2) The work product of an attorney representing, pursuant to
state employment or an appointment by a public agency:
(A) a public agency;
(B) the state; or
(C) an individual.
(3) Test questions, scoring keys, and other examination data
used in administering a licensing examination, examination for
employment, or academic examination before the examination
is given or if it is to be given again.
(4) Scores of tests if the person is identified by name and has
not consented to the release of the person's scores.
(5) The following:
(A) Records relating to negotiations between the Indiana
economic development corporation, the ports of Indiana, the
Indiana state department of agriculture, the Indiana finance
authority, an economic development commission, a local
economic development organization (as defined in
IC 5-28-11-2(3)), or a governing body of a political
subdivision with industrial, research, or commercial
prospects, if the records are created while negotiations are in
progress.
(B) Notwithstanding clause (A), the terms of the final offer
of public financial resources communicated by the Indiana
economic development corporation, the ports of Indiana, the
Indiana finance authority, an economic development
commission, or a governing body of a political subdivision
to an industrial, a research, or a commercial prospect shall
be available for inspection and copying under section 3 of
this chapter after negotiations with that prospect have
terminated.
(C) When disclosing a final offer under clause (B), the
Indiana economic development corporation shall certify that
the information being disclosed accurately and completely
represents the terms of the final offer.
(6) Records that are intra-agency or interagency advisory or
deliberative material, including material developed by a private
contractor under a contract with a public agency, that are
expressions of opinion or are of a speculative nature, and that
are communicated for the purpose of decision making.
(7) Diaries, journals, or other personal notes serving as the
functional equivalent of a diary or journal.
(8) Personnel files of public employees and files of applicants
for public employment, except for:
(A) the name, compensation, job title, business address,
business telephone number, job description, education and
training background, previous work experience, or dates of
first and last employment of present or former officers or
employees of the agency;
(B) information relating to the status of any formal charges
against the employee; and
(C) the factual basis for a disciplinary action in which final
action has been taken and that resulted in the employee
being suspended, demoted, or discharged.
However, all personnel file information shall be made available
to the affected employee or the employee's representative. This
subdivision does not apply to disclosure of personnel
information generally on all employees or for groups of
employees without the request being particularized by employee
name.
(9) Minutes or records of hospital medical staff meetings.
(10) Administrative or technical information that would
jeopardize a record keeping or security system.
(11) Computer programs, computer codes, computer filing
systems, and other software that are owned by the public agency
or entrusted to it and portions of electronic maps entrusted to a
public agency by a utility.
(12) Records specifically prepared for discussion or developed
during discussion in an executive session under IC 5-14-1.5-6.1.
However, this subdivision does not apply to that information
required to be available for inspection and copying under
subdivision (8).
(13) The work product of the legislative services agency under
personnel rules approved by the legislative council.
(14) The work product of individual members and the partisan
staffs of the general assembly.
(15) The identity of a donor of a gift made to a public agency if:
(A) the donor requires nondisclosure of the donor's identity
as a condition of making the gift; or
(B) after the gift is made, the donor or a member of the
donor's family requests nondisclosure.
(16) Library or archival records:
(A) which can be used to identify any library patron; or
(B) deposited with or acquired by a library upon a condition
that the records be disclosed only:
(i) to qualified researchers;
(ii) after the passing of a period of years that is specified
in the documents under which the deposit or acquisition is
made; or
(iii) after the death of persons specified at the time of the
acquisition or deposit.
However, nothing in this subdivision shall limit or affect
contracts entered into by the Indiana state library pursuant to
IC 4-1-6-8.
(17) The identity of any person who contacts the bureau of
motor vehicles concerning the ability of a driver to operate a
motor vehicle safely and the medical records and evaluations
made by the bureau of motor vehicles staff or members of the
driver licensing medical advisory board regarding the ability of
a driver to operate a motor vehicle safely. However, upon
written request to the commissioner of the bureau of motor
vehicles, the driver must be given copies of the driver's medical
records and evaluations.
(18) School safety and security measures, plans, and systems,
including emergency preparedness plans developed under 511
IAC 6.1-2-2.5.
(19) A record or a part of a record, the public disclosure of
which would have a reasonable likelihood of threatening public
safety by exposing a vulnerability to terrorist attack. A record
described under this subdivision includes:
(A) a record assembled, prepared, or maintained to prevent,
mitigate, or respond to an act of terrorism under
IC 35-47-12-1 or an act of agricultural terrorism under
IC 35-47-12-2;
(B) vulnerability assessments;
(C) risk planning documents;
(D) needs assessments;
(E) threat assessments;
(F) intelligence assessments;
(G) domestic preparedness strategies;
(H) the location of community drinking water wells and
surface water intakes;
(I) the emergency contact information of emergency
responders and volunteers;
(J) infrastructure records that disclose the configuration of
critical systems such as communication, electrical,
ventilation, water, and wastewater systems; and
(K) detailed drawings or specifications of structural
elements, floor plans, and operating, utility, or security
systems, whether in paper or electronic form, of any building
or facility located on an airport (as defined in IC 8-21-1-1)
that is owned, occupied, leased, or maintained by a public
agency. A record described in this clause may not be
released for public inspection by any public agency without
the prior approval of the public agency that owns, occupies,
leases, or maintains the airport. The public agency that
owns, occupies, leases, or maintains the airport:
(i) is responsible for determining whether the public
disclosure of a record or a part of a record has a reasonable
likelihood of threatening public safety by exposing a
vulnerability to terrorist attack; and
(ii) must identify a record described under item (i) and
clearly mark the record as "confidential and not subject to
public disclosure under IC 5-14-3-4(b)(19)(J) without
approval of (insert name of submitting public agency)".
This subdivision does not apply to a record or portion of a
record pertaining to a location or structure owned or protected
by a public agency in the event that an act of terrorism under
IC 35-47-12-1 or an act of agricultural terrorism under
IC 35-47-12-2 has occurred at that location or structure, unless
release of the record or portion of the record would have a
reasonable likelihood of threatening public safety by exposing
a vulnerability of other locations or structures to terrorist attack.
(20) The following personal information concerning a customer
of a municipally owned utility (as defined in IC 8-1-2-1):
(A) Telephone number.
(B) Address.
(C) Social Security number.
(21) The following personal information about a complainant
contained in records of a law enforcement agency:
(A) Telephone number.
(B) The complainant's address. However, if the
complainant's address is the location of the suspected crime,
infraction, accident, or complaint reported, the address shall
be made available for public inspection and copying.
(22) Notwithstanding subdivision (8)(A), the name,
compensation, job title, business address, business telephone
number, job description, education and training background,
previous work experience, or dates of first employment of a law
enforcement officer who is operating in an undercover capacity.
(23) Records requested by an offender that:
(A) contain personal information relating to:
(i) a correctional officer (as defined in IC 5-10-10-1.5);
(ii) the victim of a crime; or
(iii) a family member of a correctional officer or the victim
of a crime; or
(B) concern or could affect the security of a jail or
correctional facility.
(c) Nothing contained in subsection (b) shall limit or affect the
right of a person to inspect and copy a public record required or
directed to be made by any statute or by any rule of a public agency.
(d) Notwithstanding any other law, a public record that is
classified as confidential, other than a record concerning an adoption
or patient medical records, shall be made available for inspection and
copying seventy-five (75) years after the creation of that record.
(e) Only the content of a public record may form the basis for the
adoption by any public agency of a rule or procedure creating an
exception from disclosure under this section.
(f) Except as provided by law, a public agency may not adopt a
rule or procedure that creates an exception from disclosure under this
section based upon whether a public record is stored or accessed
using paper, electronic media, magnetic media, optical media, or
other information storage technology.
(g) Except as provided by law, a public agency may not adopt a
rule or procedure nor impose any costs or liabilities that impede or
restrict the reproduction or dissemination of any public record.
(h) Notwithstanding subsection (d) and section 7 of this chapter:
(1) public records subject to IC 5-15 may be destroyed only in
accordance with record retention schedules under IC 5-15; or
(2) public records not subject to IC 5-15 may be destroyed in
the ordinary course of business. As added by P.L.19-1983, SEC.6. Amended by P.L.57-1983, SEC.1;
P.L.34-1984, SEC.2; P.L.54-1985, SEC.3; P.L.50-1986, SEC.2;
P.L.20-1988, SEC.12; P.L.11-1990, SEC.111; P.L.1-1991, SEC.38;
P.L.10-1991, SEC.9; P.L.50-1991, SEC.1; P.L.49-1991, SEC.1;
P.L.1-1992, SEC.11; P.L.2-1993, SEC.50; P.L.58-1993, SEC.4;
P.L.190-1999, SEC.2; P.L.37-2000, SEC.2; P.L.271-2001, SEC.1;
P.L.201-2001, SEC.1; P.L.1-2002, SEC.17; P.L.173-2003, SEC.5;
P.L.261-2003, SEC.7; P.L.208-2003, SEC.1; P.L.200-2003, SEC.3;
P.L.210-2005, SEC.1; P.L.1-2006, SEC.102; P.L.101-2006, SEC.4;
P.L.2-2007, SEC.101; P.L.172-2007, SEC.1; P.L.179-2007, SEC.9;
P.L.3-2008, SEC.29; P.L.51-2008, SEC.2; P.L.98-2008, SEC.4;
P.L.120-2008, SEC.2; P.L.94-2010, SEC.1.
IC 5-14-3-4.1
Repealed
(Repealed by P.L.1-1989, SEC.75.)
IC 5-14-3-4.3 Job title or job descriptions of law enforcement officers
Sec. 4.3. Nothing contained in section 4(b)(8) of this chapter
requires a law enforcement agency to release to the public the job
title or job description of law enforcement officers. As added by P.L.35-1984, SEC.1.
IC 5-14-3-4.5 Indiana economic development corporation negotiation records
excepted from disclosure; disclosure of final offers
Sec. 4.5. (a) Records relating to negotiations between the Indiana
economic development corporation and industrial, research, or
commercial prospects are excepted from section 3 of this chapter at
the discretion of the corporation if the records are created while
negotiations are in progress.
(b) Notwithstanding subsection (a), the terms of the final offer of
public financial resources communicated by the corporation to an
industrial, a research, or a commercial prospect shall be available for
inspection and copying under section 3 of this chapter after
negotiations with that prospect have terminated.
(c) When disclosing a final offer under subsection (b), the
corporation shall certify that the information being disclosed
accurately and completely represents the terms of the final offer. As added by P.L.4-2005, SEC.29.
IC 5-14-3-4.7 Negotiation records; final offers; certification of final offer
disclosure
Sec. 4.7. (a) Records relating to negotiations between the Indiana
finance authority and industrial, research, or commercial prospects
are excepted from section 3 of this chapter at the discretion of the
authority if the records are created while negotiations are in progress.
(b) Notwithstanding subsection (a), the terms of the final offer of
public financial resources communicated by the authority to an
industrial, a research, or a commercial prospect shall be available for
inspection and copying under section 3 of this chapter after
negotiations with that prospect have terminated.
(c) When disclosing a final offer under subsection (b), the
authority shall certify that the information being disclosed accurately
and completely represents the terms of the final offer. As added by P.L.235-2005, SEC.85.
IC 5-14-3-4.8 Records exempt from disclosure requirements; office of tourism
development negotiations; final offers public
Sec. 4.8. (a) Records relating to negotiations between the office
of tourism development and industrial, research, or commercial
prospects are excepted from section 3 of this chapter at the discretion
of the office of tourism development if the records are created while
negotiations are in progress.
(b) Notwithstanding subsection (a), the terms of the final offer of
public financial resources communicated by the office of tourism
development to an industrial, a research, or a commercial prospect
shall be available for inspection and copying under section 3 of this
chapter after negotiations with that prospect have terminated.
(c) When disclosing a final offer under subsection (b), the office
of tourism development shall certify that the information being
disclosed accurately and completely represents the terms of the final
offer. As added by P.L.229-2005, SEC.3.
IC 5-14-3-4.9 Ports of Indiana negotiation records excepted from disclosure;
disclosure of final offers
Sec. 4.9. (a) Records relating to negotiations between the ports of
Indiana and industrial, research, or commercial prospects are
excepted from section 3 of this chapter at the discretion of the ports
of Indiana if the records are created while negotiations are in
progress.
(b) Notwithstanding subsection (a), the terms of the final offer of
public financial resources communicated by the ports of Indiana to
an industrial, a research, or a commercial prospect shall be available
for inspection and copying under section 3 of this chapter after
negotiations with that prospect have terminated.
(c) When disclosing a final offer under subsection (b), the ports
of Indiana shall certify that the information being disclosed
accurately and completely represents the terms of the final offer. As added by P.L.98-2008, SEC.5.
IC 5-14-3-5 Information relating to arrest or summons; jailed persons; agency
records
Sec. 5. (a) If a person is arrested or summoned for an offense, the
following information shall be made available for inspection and
copying:
(1) Information that identifies the person including the person's
name, age, and address.
(2) Information concerning any charges on which the arrest or
summons is based.
(3) Information relating to the circumstances of the arrest or the
issuance of the summons, such as the:
(A) time and location of the arrest or the issuance of the
summons;
(B) investigating or arresting officer (other than an
undercover officer or agent); and
(C) investigating or arresting law enforcement agency.
(b) If a person is received in a jail or lock-up, the following
information shall be made available for inspection and copying:
(1) Information that identifies the person including the person's
name, age, and address.
(2) Information concerning the reason for the person being
placed in the jail or lock-up, including the name of the person
on whose order the person is being held.
(3) The time and date that the person was received and the time
and date of the person's discharge or transfer.
(4) The amount of the person's bail or bond, if it has been fixed.
(c) An agency shall maintain a daily log or record that lists
suspected crimes, accidents, or complaints, and the following
information shall be made available for inspection and copying:
(1) The time, substance, and location of all complaints or
requests for assistance received by the agency.
(2) The time and nature of the agency's response to all
complaints or requests for assistance.
(3) If the incident involves an alleged crime or infraction:
(A) the time, date, and location of occurrence;
(B) the name and age of any victim, unless the victim is a
victim of a crime under IC 35-42-4;
(C) the factual circumstances surrounding the incident; and
(D) a general description of any injuries, property, or
weapons involved.
The information required in this subsection shall be made available
for inspection and copying in compliance with this chapter. The
record containing the information must be created not later than
twenty-four (24) hours after the suspected crime, accident, or
complaint has been reported to the agency.
(d) This chapter does not affect IC 5-2-4, IC 10-13-3, or
IC 5-11-1-9. As added by P.L.19-1983, SEC.6. Amended by P.L.39-1992, SEC.1;
P.L.2-2003, SEC.24.
IC 5-14-3-5.5 Sealing certain records by court; hearing; notice
Sec. 5.5. (a) This section applies to a judicial public record.
(b) As used in this section, "judicial public record" does not
include a record submitted to a court for the sole purpose of
determining whether the record should be sealed.
(c) Before a court may seal a public record not declared
confidential under section 4(a) of this chapter, it must hold a hearing
at a date and time established by the court. Notice of the hearing
shall be posted at a place designated for posting notices in the
courthouse.
(d) At the hearing, parties or members of the general public must
be permitted to testify and submit written briefs. A decision to seal
all or part of a public record must be based on findings of fact and
conclusions of law, showing that the remedial benefits to be gained
by effectuating the public policy of the state declared in section 1 of
this chapter are outweighed by proof by a preponderance of the
evidence by the person seeking the sealing of the record that:
(1) a public interest will be secured by sealing the record;
(2) dissemination of the information contained in the record
will create a serious and imminent danger to that public interest;
(3) any prejudicial effect created by dissemination of the
information cannot be avoided by any reasonable method other
than sealing the record;
(4) there is a substantial probability that sealing the record will
be effective in protecting the public interest against the
perceived danger; and
(5) it is reasonably necessary for the record to remain sealed for
a period of time.
Sealed records shall be unsealed at the earliest possible time after the
circumstances necessitating the sealing of the records no longer exist. As added by P.L.54-1985, SEC.4. Amended by P.L.68-1987, SEC.1.
IC 5-14-3-6 Partially disclosable records; computer or microfilm record
systems; fees
Sec. 6. (a) If a public record contains disclosable and
nondisclosable information, the public agency shall, upon receipt of
a request under this chapter, separate the material that may be
disclosed and make it available for inspection and copying.
(b) If a public record stored on computer tape, computer disks,
microfilm, or a similar or analogous record system is made available
to:
(1) a person by enhanced access under section 3.5 of this
chapter; or
(2) a governmental entity by an electronic device;
the public agency may not make the record available for inspection
without first separating the material in the manner required by
subsection (a).
(c) A public agency may charge a person who makes a request for
disclosable information the agency's direct cost of reprogramming a
computer system if:
(1) the disclosable information is stored on a computer tape,
computer disc, or a similar or analogous record system; and
(2) the public agency is required to reprogram the computer
system to separate the disclosable information from
nondisclosable information.
(d) A public agency is not required to reprogram a computer
system to provide:
(1) enhanced access; or
(2) access to a governmental entity by an electronic device. As added by P.L.19-1983, SEC.6. Amended by P.L.54-1985, SEC.5;
P.L.58-1993, SEC.5; P.L.77-1995, SEC.5.
IC 5-14-3-6.5 Confidentiality of public record
Sec. 6.5. A public agency that receives a confidential public
record from another public agency shall maintain the confidentiality
of the public record. As added by P.L.34-1984, SEC.3.
IC 5-14-3-7 Protection against loss, alteration, destruction, and unauthorized
enhanced access
Sec. 7. (a) A public agency shall protect public records from loss,
alteration, mutilation, or destruction, and regulate any material
interference with the regular discharge of the functions or duties of
the public agency or public employees.
(b) A public agency shall take precautions that protect the
contents of public records from unauthorized enhanced access,
unauthorized access by an electronic device, or alteration.
(c) This section does not operate to deny to any person the rights
secured by section 3 of this chapter. As added by P.L.19-1983, SEC.6. Amended by P.L.58-1993, SEC.6. IC 5-14-3-8 Fees; copies
Sec. 8. (a) For the purposes of this section, "state agency" has the
meaning set forth in IC 4-13-1-1.
(b) Except as provided in this section, a public agency may not
charge any fee under this chapter:
(1) to inspect a public record; or
(2) to search for, examine, or review a record to determine
whether the record may be disclosed.
(c) The Indiana department of administration shall establish a
uniform copying fee for the copying of one (1) page of a
standard-sized document by state agencies. The fee may not exceed
the average cost of copying records by state agencies or ten cents
($0.10) per page, whichever is greater. A state agency may not
collect more than the uniform copying fee for providing a copy of a
public record. However, a state agency shall establish and collect a
reasonable fee for copying nonstandard-sized documents.
(d) This subsection applies to a public agency that is not a state
agency. The fiscal body (as defined in IC 36-1-2-6) of the public
agency, or the governing body, if there is no fiscal body, shall
establish a fee schedule for the certification or copying of
documents. The fee for certification of documents may not exceed
five dollars ($5) per document. The fee for copying documents may
not exceed the greater of:
(1) ten cents ($0.10) per page for copies that are not color
copies or twenty-five cents ($0.25) per page for color copies; or
(2) the actual cost to the agency of copying the document.
As used in this subsection, "actual cost" means the cost of paper and
the per-page cost for use of copying or facsimile equipment and does
not include labor costs or overhead costs. A fee established under
this subsection must be uniform throughout the public agency and
uniform to all purchasers.
(e) If:
(1) a person is entitled to a copy of a public record under this
chapter; and
(2) the public agency which is in possession of the record has
reasonable access to a machine capable of reproducing the
public record;
the public agency must provide at least one (1) copy of the public
record to the person. However, if a public agency does not have
reasonable access to a machine capable of reproducing the record or
if the person cannot reproduce the record by use of enhanced access
under section 3.5 of this chapter, the person is only entitled to inspect
and manually transcribe the record. A public agency may require that
the payment for copying costs be made in advance.
(f) Notwithstanding subsection (b), (c), (d), (g), (h), or (i), a
public agency shall collect any certification, copying, facsimile
machine transmission, or search fee that is specified by statute or is
ordered by a court.
(g) Except as provided by subsection (h), for providing a duplicate
of a computer tape, computer disc, microfilm, or similar or analogous
record system containing information owned by the public agency or
entrusted to it, a public agency may charge a fee, uniform to all
purchasers, that does not exceed the sum of the following:
(1) The agency's direct cost of supplying the information in that
form.
(2) The standard cost for selling the same information to the
public in the form of a publication if the agency has published
the information and made the publication available for sale.
(3) In the case of the legislative services agency, a reasonable
percentage of the agency's direct cost of maintaining the system
in which the information is stored. However, the amount
charged by the legislative services agency under this
subdivision may not exceed the sum of the amounts it may
charge under subdivisions (1) and (2).
(h) This subsection applies to the fee charged by a public agency
for providing enhanced access to a public record. A public agency
may charge any reasonable fee agreed on in the contract under
section 3.5 of this chapter for providing enhanced access to public
records.
(i) This subsection applies to the fee charged by a public agency
for permitting a governmental entity to inspect public records by
means of an electronic device. A public agency may charge any
reasonable fee for the inspection of public records under this
subsection, or the public agency may waive any fee for the
inspection.
(j) Except as provided in subsection (k), a public agency may
charge a fee, uniform to all purchasers, for providing an electronic
map that is based upon a reasonable percentage of the agency's direct
cost of maintaining, upgrading, and enhancing the electronic map
and for the direct cost of supplying the electronic map in the form
requested by the purchaser. If the public agency is within a political
subdivision having a fiscal body, the fee is subject to the approval of
the fiscal body of the political subdivision.
(k) The fee charged by a public agency under subsection (j) to
cover costs for maintaining, upgrading, and enhancing an electronic
map may be waived by the public agency if the electronic map for
which the fee is charged will be used for a noncommercial purpose,
including the following:
(1) Public agency program support.
(2) Nonprofit activities.
(3) Journalism.
(4) Academic research. As added by P.L.19-1983, SEC.6. Amended by P.L.54-1985, SEC.6;
P.L.51-1986, SEC.2; P.L.58-1993, SEC.7; P.L.78-1995, SEC.1;
P.L.151-1999, SEC.1; P.L.89-2001, SEC.1; P.L.215-2007, SEC.1;
P.L.16-2008, SEC.1.
IC 5-14-3-8.3 Enhanced access fund; establishment by ordinance; purpose
Sec. 8.3. (a) The fiscal body of a political subdivision having a
public agency that charges a fee under section 8(h) or 8(i) of this
chapter shall adopt an ordinance establishing an enhanced access
fund. The ordinance must specify that the fund consists of fees
collected under section 8(h) or 8(i) of this chapter. The fund shall be
administered by the public agency or officer designated in the
ordinance or resolution. Money in the fund must be appropriated and
expended in the manner authorized in the ordinance.
(b) The fund is a dedicated fund with the following purposes:
(1) The replacement, improvement, and expansion of capital
expenditures.
(2) The reimbursement of operating expenses incurred in
providing enh
