(a)Except as provided in subsection (b), a
public agency shall not do any of the following:
(1)Require or otherwise compel any person or nonprofit
organization to provide the public agency with personal
information.
(2)Release, publicize, or otherwise publicly disclose personal
information in the possession of the public agency.
(3)Request or require a current or prospective:
(B)grantee of;
the public agency to provide a list of nonprofit organizations to
which the current or prospective contractor or grantee has
provided financial or nonfinancial support.
(b)Subsection (a) does not apply with respect to any of the
following:
(1)Any report or disclosure required under state:
(A)campaign finance law as required by IC 3-9-5;
(B)lobbying disclosure law as requi
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(a) Except as provided in subsection (b), a
public agency shall not do any of the following:
(1) Require or otherwise compel any person or nonprofit
organization to provide the public agency with personal
information.
(2) Release, publicize, or otherwise publicly disclose personal
information in the possession of the public agency.
(3) Request or require a current or prospective:
(A) contractor for; or
(B) grantee of;
the public agency to provide a list of nonprofit organizations to
which the current or prospective contractor or grantee has
provided financial or nonfinancial support.
(b) Subsection (a) does not apply with respect to any of the
following:
(1) Any report or disclosure required under state:
(A) campaign finance law as required by IC 3-9-5;
(B) lobbying disclosure law as required by IC 2-7; or
(C) access to information, including personal information as
required by IC 2-5-1.7.
(2) A lawful order or warrant, issued by a court of competent
jurisdiction, for the provision, disclosure, or release of personal
information.
(3) A lawful request for discovery of personal information in the
context of litigation if the following conditions are met:
(A) The requesting party or person demonstrates, by clear and
convincing evidence, as determined by the court, a compelling
need for the personal information.
(B) The requesting party or person obtains a protective order,
issued by the court, barring disclosure of the personal
information to any person not named as a party in the litigation.
(4) Admission of personal information as relevant evidence
before a court of competent jurisdiction. However, a court may
not publicly disclose or release personal information without a
specific finding of good cause.
(5) Release by a public agency of personal information that was
voluntarily released by:
(A) the person to whom the personal information pertains; or
(B) the nonprofit organization with which the personal
information is associated;
to the public.
(6) A collection of information that:
(A) includes the identity of any director, officer, registered
agent, or incorporator of a nonprofit organization; and
(B) is part of any report or disclosure required to be filed with
the secretary of state under this article or any other statute.
However, information that directly identifies a person as a donor
of financial support to a nonprofit organization shall not be
collected by or disclosed to the secretary of state.
(7) Disclosure of personal information that is derived from a
financial donation to a nonprofit organization that is affiliated
with a public agency if:
(A) the disclosure is required by statute; and
(B) the person to whom the personal information pertains has
not previously made a request for anonymity to the nonprofit
organization.
(8) Information collected in an examination by the state board of
accounts under IC 5-11-1-9. The information collected under IC 5-11-1-9 must be directly related to the examination by the state
board of accounts or a related proceeding. Information collected
under IC 5-11-1-9 may not be disclosed to the public, unless
disclosure is expressly required by statute.
(9) A request by the attorney general for information required for
an audit, examination, review, or investigation. The request from
the attorney general must be directly related to the audit,
examination, review, or investigation being completed.
Information collected pursuant to an audit, examination, review,
or investigation by the attorney general shall not be disclosed to
the public, unless disclosure is expressly required by statute.
(10) Information submitted by a vendor to the state comptroller
for the purpose of receiving payment from the state under IC 4-13-2-14.8 or IC 5-11-10-1.6. Information that directly identifies
a person as a donor of financial support to a nonprofit
organization shall not be collected by or disclosed to the state
comptroller unless it is voluntarily submitted by the nonprofit
organization.
(11) Information requested or submitted for the purpose of
licensing a qualified organization under IC 4-32.3-4. The
information collected under IC 4-32.3-4 shall not be disclosed to
the public, unless disclosure is expressly required by statute.
(12) Personal information that a public agency requests from a
nonprofit hospital for a legitimate business purpose of the public
agency.
(c) Personal information is considered confidential and is not
subject to disclosure under IC 5-14-3.