Benefitting from or Divulging Confidential Information
Summary of the Rules
Don't benefit from or divulge confidential information.
Examples of the Rules
- You learn of a proposed highway project through your employment with INDOT. You cannot purchase the property through which the project would be constructed in an attempt to profit from the ensuing sale of the land to the state.
- You are an employee of the Department of Personnel and have access to personnel records that are confidential. You may not divulge any information from these records, unless permitted by law.
- You have learned of the lowest bid received on a project to renovate the lodge at a state park through your employment with the Department of Natural Resources before the bidding process has closed. You may not disclose this information to your contractor brother-in-law to enable him to benefit from the confidential information.
- You are an investigator for IDEM. Through one of your cases, you discover that a local factory is about to be shut down due to pollution laws violations. You sell your stock in this company while the price is still high.
- You are an FSSA caseworker. As it turns out, one your clients is a neighbor of yours and is applying for welfare benefits. You may not inform the manager of your housing complex that this neighbor is probably not going to be able to make rent that month.
Past Advisory Opinions on the Rules
The Rules: 42 IAC 1-5-10 and 42 IAC 1-5-11
42 IAC 1-5-10 Benefiting from confidential information
A state officer, employee, or special state appointee shall not benefit from, or permit any other person to benefit from, information of a confidential nature except as permitted or required by law.
42 IAC 1-5-11 Divulging confidential information
A state officer, employee or special state appointee shall not divulge information of a confidential nature except as permitted by law.
