(a) The following public records are excepted
from section 3 of this chapter and may not be disclosed by a public
agency, unless access to the records is specifically required by a state
or federal statute or is ordered by a court under the rules of discovery:
(1) Those declared confidential by state statute.
(2) Those declared confidential by rule adopted by a public
agency under specific authority to classify public records as
confidential granted to the public agency by statute.
(3) Those required to be kept confidential by federal law.
(4) Records containing trade secrets.
(5) Confidential financial information obtained, upon request,
from a person. However, this does not include information that is
filed with or received by a public agency pursuant to state statute.
(6) Information concerning research, including actual research
documents, conducted under the auspices of a state educational
institution, including information:
(A) concerning any negotiations made with respect to the
research; and
(B) received from another party involved in the research.
(7) Grade transcripts and license examination scores obtained as
part of a licensure process.
(8) Those declared confidential by or under rules adopted by the
supreme court of Indiana.
(9) Patient medical records and charts created by a provider,
unless the patient gives written consent under IC 16-39 or as
provided under IC 16-41-8.
(10) Application information declared confidential by the Indiana
economic development corporation under IC 5-28.
(11) A photograph, a video recording, or an audio recording of an
autopsy, except as provided in IC 36-2-14-10.
(12) A Social Security number contained in the records of a
public agency.
(13) The following information that is part of a foreclosure action
subject to IC 32-30-10.5:
(A) Contact information for a debtor, as described in IC 32-30-10.5-8(d)(1)(B).
(B) Any document submitted to the court as part of the debtor's
loss mitigation package under IC 32-30-10.5-10(a)(3).
(14) The following information obtained from a call made to a
fraud hotline established under IC 36-1-8-8.5:
(A) The identity of any individual who makes a call to the fraud
hotline.
(B) A report, transcript, audio recording, or other information
concerning a call to the fraud hotline.
However, records described in this subdivision may be disclosed
to a law enforcement agency, a private university police
department, the attorney general, the inspector general, the state
examiner, or a prosecuting attorney.
(15) Information described in section 5(c)(3)(B) of this chapter
that is contained in a daily log or record described in section 5(c)
of this chapter for a victim of a crime or delinquent act who is less
than eighteen (18) years of age, unless and to the extent that:
(A) a parent, guardian, or custodian of the victim consents in
writing to public disclosure of the records; and
(B) that parent, guardian, or custodian of the victim has not
been charged with or convicted of committing a crime against
the victim.
However, records described in this subdivision may be disclosed
to the department of child services.
(b) Except as otherwise provided by subsection (a), the following
public records shall be excepted from section 3 of this chapter at the
discretion of a public agency:
(1) Investigatory records of law enforcement agencies or private
university police departments. For purposes of this chapter, a law
enforcement recording is not an investigatory record. However,
information described in subsection (a)(15) contained in a law
enforcement recording is exempt from disclosure, unless and to
the extent that a parent, guardian, or custodian of the victim
consents in writing to public disclosure of the records. However,
a parent, guardian, or custodian charged with or convicted of a
crime against the victim may not consent to public disclosure of
the records. Law enforcement agencies or private university
police departments may share investigatory records with:
(A) a person who advocates on behalf of a crime victim,
including a victim advocate (as defined in IC 35-37-6-3.5) or a
victim service provider (as defined in IC 35-37-6-5), for the
purposes of providing services to a victim or describing
services that may be available to a victim;
(B) a school corporation (as defined by IC 20-18-2-16(a)),
charter school (as defined by IC 20-24-1-4), or nonpublic
school (as defined by IC 20-18-2-12) for the purpose of
enhancing the safety or security of a student or a school facility;
and
(C) the victim services division of the Indiana criminal justice
institute under IC 5-2-6-8, for the purposes of conducting an
investigation under IC 5-2-6.1-26;
without the law enforcement agency or private university police
department losing its discretion to keep those records confidential
from other records requesters. However, certain law enforcement
records must be made available for inspection and copying as
provided in section 5 of this chapter.
(2) The work product of an attorney representing, pursuant to
state employment or an appointment by a public agency:
(A) a public agency;
(B) the state; or
(C) an individual.
(3) Test questions, scoring keys, and other examination data used
in administering a licensing examination, examination for
employment, or academic examination before the examination is
given or if it is to be given again.
(4) Scores of tests if the person is identified by name and has not
consented to the release of the person's scores.
(5) The following:
(A) Records relating to negotiations between:
(i) the Indiana economic development corporation;
(ii) the ports of Indiana;
(iii) the Indiana state department of agriculture;
(iv) the Indiana finance authority;
(v) an economic development commission;
(vi) the Indiana White River state park development
commission;
(vii) a local economic development organization that is a
nonprofit corporation established under state law whose
primary purpose is the promotion of industrial or business
development in Indiana, the retention or expansion of Indiana
businesses, or the development of entrepreneurial activities
in Indiana; or
(viii) a governing body of a political subdivision;
with industrial, research, or commercial prospects, if the
records are created while negotiations are in progress.
However, this clause does not apply to records regarding
research that is prohibited under IC 16-34.5-1-2 or any other
law.
(B) Notwithstanding clause (A), the terms of the final offer of
public financial resources communicated by the Indiana
economic development corporation, the ports of Indiana, the
Indiana finance authority, an economic development
commission, the Indiana White River state park 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.
(D) Notwithstanding clause (A), an incentive agreement with
an incentive recipient shall be available for inspection and
copying under section 3 of this chapter after the date the
incentive recipient and the Indiana economic development
corporation execute the incentive agreement regardless of
whether negotiations are in progress with the recipient after that
date regarding a modification or extension of the incentive
agreement.
(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 system, voting system, voter
registration system, 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 the following:
(A) A record assembled, prepared, or maintained to prevent,
mitigate, or respond to an act of terrorism under IC 35-47-12-1
(before its repeal), an act of agricultural terrorism under IC 35-47-12-2 (before its repeal), or a felony terrorist offense (as
defined in IC 35-50-2-18).
(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 voting system and voter registration
system critical infrastructure, and communication, electrical,
ventilation, water, and wastewater systems.
(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, or any part
of a law enforcement recording that captures information about
airport security procedures, areas, or systems. 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. Both of the following apply to the public agency that
owns, occupies, leases, or maintains the airport:
(i) The public agency is responsible for determining whether
the public disclosure of a record or a part of a record,
including a law enforcement recording, has a reasonable
likelihood of threatening public safety by exposing a security
procedure, area, system, or vulnerability to terrorist attack.
(ii) The public agency 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)". However, in the case of a law enforcement
recording, the public agency must clearly mark the record as
"confidential and not subject to public disclosure under IC 5-14-3-4(b)(19)(K) without approval of (insert name of the
public agency that owns, occupies, leases, or maintains the
airport)".
(L) The home address, home telephone number, and emergency
contact information for any:
(i) emergency management worker (as defined in IC 10-14-3-3);
(ii) public safety officer (as defined in IC 35-47-4.5-3);
(iii) emergency medical responder (as defined in IC 16-18-2-109.8); or
(iv) advanced emergency medical technician (as defined in
IC 16-18-2-6.5).
(M) Information relating to security measures or precautions
used to secure the statewide 911 system under IC 36-8-16.7.
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 (before its repeal), an act of agricultural terrorism
under IC 35-47-12-2 (before its repeal), or a felony terrorist
offense (as defined in IC 35-50-2-18) 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, an agent, or a relative of
an offender that:
(A) contain personal information relating to:
(i) a correctional officer (as defined in IC 5-10-10-1.5);
(ii) a probation officer;
(iii) a community corrections officer;
(iv) a law enforcement officer (as defined in IC 35-31.5-2-185);
(v) a judge (as defined in IC 33-38-12-3);
(vi) the victim of a crime; or
(vii) a family member of a correctional officer, probation
officer, community corrections officer, law enforcement
officer (as defined in IC 35-31.5-2-185), judge (as defined in
IC 33-38-12-3), or victim of a crime; or
(B) concern or could affect the security of a jail or correctional
facility.
For purposes of this subdivision, "agent" means a person who is
authorized by an offender to act on behalf of, or at the direction
of, the offender, and "relative" has the meaning set forth in IC 35-42-2-1(b). However, the term "agent" does not include an
attorney in good standing admitted to the practice of law in
Indiana.
(24) Information concerning an individual less than eighteen (18)
years of age who participates in a conference, meeting, program,
or activity conducted or supervised by a state educational
institution, including the following information regarding the
individual or the individual's parent or guardian:
(A) Name.
(B) Address.
(C) Telephone number.
(D) Electronic mail account address.
(25) Criminal intelligence information.
(26) The following information contained in a report of unclaimed
property under IC 32-34-1.5-18 or in a claim for unclaimed
property under IC 32-34-1.5-48:
(A) Date of birth.
(B) Driver's license number.
(C) Taxpayer identification number.
(D) Employer identification number.
(E) Account number.
(27) Except as provided in subdivision (19) and sections 5.1 and
5.2 of this chapter, a law enforcement recording. However, before
disclosing the recording, the public agency must comply with the
obscuring requirements of sections 5.1 and 5.2 of this chapter, if
applicable.
(28) Records relating to negotiations between a state educational
institution and another entity concerning the establishment of a
collaborative relationship or venture to advance the research,
engagement, or educational mission of the state educational
institution, if the records are created while negotiations are in
progress. The terms of the final offer of public financial resources
communicated by the state educational institution 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. However, this
subdivision does not apply to records regarding research
prohibited under IC 16-34.5-1-2 or any other law.
(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:
(1) an adoption or patient medical records; or
(2) a birth or stillbirth;
shall be made available for inspection and copying seventy-five (75)
years after the creation of that record. A registration or certificate of a
birth or stillbirth shall be made available in accordance with IC 16-37-1-7.5.
(e) Only the content of a public record may form the basis for the
adoption by any public agency of a rule or procedure creating an
exception from disclosure under this section.
(f) Except as provided by law, a public agency may not adopt a rule
or procedure that creates an exception from disclosure under this
section based upon whether a public record is stored or accessed using
paper, electronic media, magnetic media, optical media, or other
information storage technology.
(g) Except as provided by law, a public agency may not adopt a rule
or procedure nor impose any costs or liabilities that impede or restrict
the reproduction or dissemination of any public record.
(h) Notwithstanding subsection (d) and section 7 of this chapter:
(1) public records subject to IC 5-15 may be destroyed only in
accordance with record retention schedules under IC 5-15; or
(2) public records not subject to IC 5-15 may be destroyed in the
ordinary course of business.