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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 Version a
Definitions
Note: This version of section effective until 7-1-2008. See also
following version of this section, effective 7-1-2008.
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) "Patient" has the meaning set out in IC 16-18-2-272(d).
(j) "Person" means an individual, a corporation, a limited liability
company, a partnership, an unincorporated association, or a
governmental entity.
(k) "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.
(l) "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.
P.L.341-1989(ss), SEC.6; P.L.2-1991, SEC.29; P.L.2-1992, SEC.53;
P.L.2-1993, SEC.49; P.L.58-1993, SEC.1; P.L.8-1993, SEC.57;
P.L.277-1993(ss), SEC.128; P.L.1-1994, SEC.21; P.L.77-1995,
SEC.2; P.L.50-1995, SEC.15; P.L.1-1999, SEC.6; P.L.256-1999,
SEC.1; P.L.204-2001, SEC.12; P.L.90-2002, SEC.18; P.L.261-2003,
SEC.5; P.L.2-2005, SEC.16; P.L.170-2005, SEC.17; P.L.1-2006,
SEC.101; P.L.1-2007, SEC.28; P.L.179-2007, SEC.7; P.L.227-2007,
SEC.57; P.L.3-2008, SEC.28.
IC 5-14-3-2 Version b
Definitions
Note: This version of section effective 7-1-2008. See also
preceding version of this section, effective until 7-1-2008.
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;
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;
P.L.341-1989(ss), SEC.6; P.L.2-1991, SEC.29; P.L.2-1992, SEC.53;
P.L.2-1993, SEC.49; P.L.58-1993, SEC.1; P.L.8-1993, SEC.57;
P.L.277-1993(ss), SEC.128; P.L.1-1994, SEC.21; P.L.77-1995,
SEC.2; P.L.50-1995, SEC.15; P.L.1-1999, SEC.6; P.L.256-1999,
SEC.1; P.L.204-2001, SEC.12; P.L.90-2002, SEC.18; P.L.261-2003,
SEC.5; P.L.2-2005, SEC.16; P.L.170-2005, SEC.17; P.L.1-2006,
SEC.101; P.L.1-2007, SEC.28; P.L.179-2007, SEC.7; P.L.227-2007,
SEC.57; P.L.3-2008, SEC.28; P.L.51-2008, SEC.1.
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.
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 Version a
Records excepted from disclosure requirements; names and
addresses; time limitations; destruction of records
Note: This version of section effective until 7-1-2008. See also
following version of this section, effective 7-1-2008.
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.
(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.
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.
(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,
shall be made available for inspection and copying seventy-five (75)
years after the creation of that record.
(e) 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.
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.
IC 5-14-3-4.1
Repealed
(Repealed by P.L.1-1989, SEC.75.)
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.
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.
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 5-14-3-8
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 enhanced access to public information.
As added by P.L.58-1993, SEC.8.
IC 5-14-3-8.5
Electronic map generation fund; establishment by ordinance;
purpose
Sec. 8.5. (a) The fiscal body of a political subdivision having a
public agency that charges a fee under section 8(j) of this chapter
shall adopt an ordinance establishing an electronic map generation
fund. The ordinance must specify that the fund consists of fees
collected under section 8(j) of this chapter. The fund shall be
administered by the public agency that collects the fees.
(b) The electronic map generation fund is a dedicated fund with
the following purposes:
(1) The maintenance, upgrading, and enhancement of the
electronic map.
(2) The reimbursement of expenses incurred by a public agency
in supplying an electronic map in the form requested by a
purchaser.
As added by P.L.58-1993, SEC.9.
IC 5-14-3-9
Denial of disclosure; action to compel disclosure; intervenors;
burden of proof; attorney's fees and costs
Sec. 9. (a) A denial of disclosure by a public agency occurs when
the person making the request is physically present in the office of
the agency, makes the request by telephone, or requests enhanced
access to a document and:
(1) the person designated by the public agency as being
responsible for public records release decisions refuses to
permit inspection and copying of a public record when a request
has been made; or
(2) twenty-four (24) hours elapse after any employee of the
public agency refuses to permit inspection and copying of a
public record when a request has been made;
whichever occurs first.
(b) If a person requests by mail or by facsimile a copy or copies
of a public record, a denial of disclosure does not occur until seven
(7) days have elapsed from the date the public agency receives the
request.
(c) If a request is made orally, either in person or by telephone, a
public agency may deny the request orally. However, if a request
initially is made in writing, by facsimile, or through enhanced access,
or if an oral request that has been denied is renewed in writing or by
facsimile, a public agency may deny the request if:
(1) the denial is in writing or by facsimile; and
(2) the denial includes:
(A) a statement of the specific exemption or exemptions
authorizing the withholding of all or part of the public
record; and
(B) the name and the title or position of the person
responsible for the denial.
(d) This subsection applies to a board, a commission, a
department, a division, a bureau, a committee, an agency, an office,
an instrumentality, or an authority, by whatever name designated,
exercising any part of the executive, administrative, judicial, or
legislative power of the state. If an agency receives a request to
inspect or copy a record that the agency considers to be excepted
from disclosure under section 4(b)(19) of this chapter, the agency
may consult with the counterterrorism and security council
established by IC 10-19-8-1. If an agency denies the disclosure of a
record or a part of a record under section 4(b)(19) of this chapter, the
agency or the counterterrorism and security council shall provide a
general description of the record being withheld and of how
disclosure of the record would have a reasonable likelihood of
threatening the public safety.
(e) A person who has been denied the right to inspect or copy a
public record by a public agency may file an action in the circuit or
superior court of the county in which the denial occurred to compel
the public agency to permit the person to inspect and copy the public
record. Whenever an action is filed under this subsection, the public
agency must notify each person who supplied any part of the public
record at issue:
(1) that a request for release of the public record has been
denied; and
(2) whether the denial was in compliance with an informal
inquiry response or advisory opinion of the public access
counselor.
Such persons are entitled to intervene in any litigation that results
from the denial. The person who has been denied the right to inspect
or copy need not allege or prove any special damage different from
that suffered by the public at large.
(f) The court shall determine the matter de novo, with the burden
of proof on the public agency to sustain its denial. If the issue in de
novo review under this section is whether a public agency properly
denied access to a public record because the record is exempted
under section 4(a) of this chapter, the public agency meets its burden
of proof under this subsection by establishing the content of the
record with adequate specificity and not by relying on a conclusory
statement or affidavit.
(g) If the issue in a de novo review under this section is whether
a public agency properly denied access to a public record because the
record is exempted under section 4(b) of this chapter:
(1) the public agency meets its burden of proof under this
subsection by:
(A) proving that the record falls within any one (1) of the
categories of exempted records under section 4(b) of this
chapter; and
(B) establishing the content of the record with adequate
specificity and not by relying on a conclusory statement or
affidavit; and
(2) a person requesting access to a public record meets the
person's burden of proof under this subsection by proving that
the denial of access is arbitrary or capricious.
(h) The court may review the public record in camera to
determine whether any part of it may be withheld under this chapter.
(i) In any action filed under this section, a court shall award
reasonable attorney's fees, court costs, and other reasonable expenses
of litigation to the prevailing party if:
(1) the plaintiff substantially prevails; or
(2) the defendant substantially prevails and the court finds the
action was frivolous or vexatious.
The plaintiff is not eligible for the awarding of attorney's fees, court
costs, and other reasonable expenses if the plaintiff filed the action
without first seeking and receiving an informal inquiry response or
advisory opinion from the public access counselor, unless the
plaintiff can show the filing of the action was necessary because the
denial of access to a public record under this chapter would prevent
the plaintiff from presenting that public record to a public agency
preparing to act on a matter of relevance to the public record whose
disclosure was denied.
(j) A court shall expedite the hearing of an action filed under this
section.
As added by P.L.19-1983, SEC.6. Amended by P.L.54-1985, SEC.7;
P.L.50-1986, SEC.3; P.L.68-1987, SEC.2; P.L.58-1993, SEC.10;
P.L.19-1997, SEC.4; P.L.70-1999, SEC.2 and P.L.191-1999, SEC.2;
P.L.173-2003, SEC.6 and P.L.261-2003, SEC.8; P.L.22-2005, SEC.2.
IC 5-14-3-10
Classified confidential information; unauthorized disclosure or
failure to protect; offense; discipline
Sec. 10. (a) A public employee, a public official, or an employee
or officer of a contractor or subcontractor of a public agency, except
as provided by IC 4-15-10, who knowingly or intentionally discloses
information classified as confidential by state statute commits a
Class A misdemeanor.
(b) A public employee may be disciplined in accordance with the
personnel policies of the agency by which the employee is employed
if the employee intentionally, knowingly, or recklessly discloses or
fails to protect information classified as confidential by state statute.
(c) A public employee, a public official, or an employee or officer
of a contractor or subcontractor of a public agency who
unintentionally and unknowingly discloses confidential or erroneous
information in response to a request under IC 5-14-3-3(d) or who
discloses confidential information in reliance on an advisory opinion
by the public access counselor is immune from liability for such a
disclosure.
(d) This section does not apply to any provision incorporated into
state law from a federal statute.
As added by P.L.17-1984, SEC.2. Amended by P.L.54-1985, SEC.8;
P.L.68-1987, SEC.3; P.L.77-1995, SEC.6; P.L.70-1999, SEC.3 and
P.L.191-1999, SEC.3.