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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:
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 5-14-3-2.1
"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). Within a reasonable time after
the request is received by the agency, 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; P.L.134-2012,
SEC.17.
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:
IC 5-14-3-4
Records excepted from disclosure; 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.
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) a law enforcement officer (as defined in
IC 35-31.5-2-185);
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; P.L.170-2011, SEC.1;
P.L.134-2012, SEC.18.
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 5-14-3-4.9
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 or IC 35-42-3.5;
(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; P.L.1-2012, SEC.1.
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.
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.
However, if the complaint alleges that a public agency denied
disclosure of a public record by redacting information in the public
record, the court shall conduct an in camera inspection of the public
record with the redacted information included.
(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 may assess a civil penalty under section 9.5 of this
chapter only if the plaintiff obtained an advisory opinion from the
public access counselor before filing an action under this section as
set forth in section 9.5 of this chapter.
(k) 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; P.L.134-2012, SEC.19.
IC 5-14-3-9.5
Civil penalties imposed on public agency, officer, or management
level employee
Sec. 9.5. (a) This section does not apply to any matter regarding:
(1) the work product of the legislative services agency under
personnel rules approved by the legislative council; or
(2) the work product of individual members and the partisan
staffs of the general assembly.
(b) As used in subsections (c) through (k), "individual" means:
(1) an officer of a public agency; or
(2) an individual employed in a management level position with
a public agency.
(c) If an individual:
(1) continues to deny a request that complies with section 3(b)
of this chapter for inspection or copying of a public record after
the public access counselor has issued an advisory opinion:
(A) regarding the request for inspection or copying of the
public record; and
(B) that instructs the public agency to allow access to the
public record; and
(2) denies the request with the specific intent to unlawfully
withhold a public record that is subject to disclosure under this
chapter;
the individual and the public agency employing the individual are
subject to a civil penalty under subsection (h).
(d) If an individual intentionally charges a copying fee that the
individual knows exceeds the amount set by statute, fee schedule,
ordinance, or court order, the individual is subject to a civil penalty
under subsection (h).
(e) A civil penalty may only be imposed as part of an action filed
under section 9 of this chapter. A court may not impose a civil
penalty under this section unless the public access counselor has
issued an advisory opinion:
(1) to the complainant and the public agency;
(2) that instructs the public agency to allow access to the public
record; and
(3) before the action under section 9 of this chapter is filed.
Nothing in this section prevents both the person requesting the public
record and the public agency from requesting an advisory opinion
from the public access counselor.
(f) It is a defense to the imposition of a civil penalty under this
section that the individual denied access to a public record in reliance
on either of the following:
(1) An opinion of the public agency's legal counsel.
(2) An opinion of the attorney general.
(g) A court may impose a civil penalty for a violation under
subsection (c) against one (1) or more of the following:
(1) The individual named as a defendant in the action.
(2) The public agency named as a defendant in the action.
(h) In an action under this section, a court may impose the
following civil penalties:
(1) Not more than one hundred dollars ($100) for the first
violation.
(2) Not more than five hundred dollars ($500) for each
additional violation.
A civil penalty imposed under this section is in addition to any other
civil or criminal penalty imposed. However, in any one (1) action
brought under this section, a court may impose only one (1) civil
penalty against an individual, even if the court finds that the
individual committed multiple violations. This subsection does not
preclude a court from imposing another civil penalty against an
individual in a separate action, but an individual may not be assessed
more than one (1) civil penalty in any one (1) action brought under
this section.
(i) A court shall distribute monthly to the auditor of state any
penalties collected under this section for deposit in the education
fund established by IC 5-14-4-14.
(j) An individual is personally liable for a civil penalty imposed
on the individual under this section. A civil penalty imposed against
a public agency under this section shall be paid from the public
agency's budget.
(k) If an officer of a public agency directs an individual who is
employed in a management level position to deny a request as
described in subsection (c)(1), the management level employee is not
subject to civil penalties under subsection (h).
As added by P.L.134-2012, SEC.20.