reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 5. State and Local Administration › Article 14. Public Records and Public Meetings › Chapter 2. Public Access to Criminal Proceedings › 5-14-2-1. Definitions

Sec. 1. As used in this chapter:
"Criminal action" means a prosecution initiated in the name of the state of Indiana against an accused alleging the commission of a felony or misdemeanor.
"Criminal proceedings" means court proceedings in a criminal action after the arrest of an accused and before any appeal is instituted; it does not include:
(1) the deliberations of juries;
(2) omnibus hearings except for those portions at which witnesses are sworn and testimony taken; or
(3) any proceeding in which rights of attendance by the general public are otherwise specifically governed by statute or rules of procedure.
"General public" means any individual, or group of individuals, but does not include the parties to the criminal action.
"Open to attendance" means that individuals have the right freely to attend and observe criminal proceedings.
"Rules of procedure" means rules adopted by the supreme court of Indiana.
As added by Acts 1982, P.L.40, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 14. Public Records and Public Meetings › Chapter 2. Public Access to Criminal Proceedings › 5-14-2-3. Exclusion of General Public; Opportunity to Be Heard

Sec. 3. No court may order the exclusion of the general public from any criminal proceeding, or part of a criminal proceeding, unless it first affords the parties and the general public a meaningful opportunity to be heard on the issue of any proposed exclusion.
As added by Acts 1982, P.L.40, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 14. Public Records and Public Meetings › Chapter 2. Public Access to Criminal Proceedings › 5-14-2-4. Hearing on Exclusion Motion or Order

Sec. 4. Whenever any motion to exclude the general public from a criminal proceeding is filed with a court, or if a court proposes to issue such an exclusion order on its own, the court must set a hearing date on the motion or proposed order. The hearing date shall be set sufficiently in advance so that the parties and members of the general public can prepare their pleadings and evidence and file briefs on the motion or proposed order. The time for the hearing date shall not be extended, however, so that it imposes an unreasonable delay under the circumstances of the case.
As added by Acts 1982, P.L.40, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 14. Public Records and Public Meetings › Chapter 2. Public Access to Criminal Proceedings › 5-14-2-5. Notice of Hearing

Sec. 5. The court shall notify the parties of the hearing date and shall notify the general public by posting a copy of the hearing notice at a place within the confines of the court accessible to the general public.
As added by Acts 1982, P.L.40, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 14. Public Records and Public Meetings › Chapter 2. Public Access to Criminal Proceedings › 5-14-2-6. Hearing Procedures

Sec. 6. (a) At the hearing, any party or member of the general public may object to any proposed exclusion. Any member of the general public has the right to be represented by counsel.
(b) If no objection is presented to the court, the court may rule upon the motion to exclude or issue its proposed exclusion order, without further proceedings.
(c) If an objection is presented to the court, then the party who filed the motion to exclude, or the court, if it proposed to issue an exclusion order on its own, has the burden of proving by clear and convincing evidence that:
(1) dissemination of information about the content of the criminal proceeding and about its record would create a serious and imminent danger to the defendant's rights;
(2) any prejudicial effect created by any such dissemination cannot be avoided by any reasonable alternative means; and
(3) there is a substantial probability that the exclusion will be effective in protecting against the perceived harm.
(d) If the court finds the burden of proof has not been met, it shall deny the motion to exclude or withdraw any proposed exclusion order.
(e) If the court finds the burden of proof has been met, it may grant the motion or issue the proposed order, but:
(1) any exclusion must extend no further than the circumstances reasonably require; and
(2) the exclusion must be temporary.
A complete record shall be kept and made available to the general public for public inspection at the earliest time consistent with trial fairness.
(f) All proceedings on a motion or a proposed court order to exclude the public must be recorded for subsequent review.
(g) The court must make, on the record, specific findings of fact and conclusions of law to support its ruling on any such motion or proposed order.
As added by Acts 1982, P.L.40, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 14. Public Records and Public Meetings › Chapter 2. Public Access to Criminal Proceedings › 5-14-2-7. Inherent Power of Court

Sec. 7. This chapter does not affect the inherent power of a court to make limited exclusions of witnesses, to relieve overcrowding, to protect the order and decorum of the courtroom, or to exclude those individuals whose presence constitutes a direct threat to the safety of the spectators, parties, or witnesses.
As added by Acts 1982, P.L.40, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 14. Public Records and Public Meetings › Chapter 2. Public Access to Criminal Proceedings › 5-14-2-8. Original Action to Contest Exclusion Ruling of Trial Court

Sec. 8. (a) Any party or member of the general public aggrieved by the ruling of the court on the issue of exclusion of the general public from a criminal proceeding has the right to bring an original action before the supreme court of Indiana under the Rules of Procedure for Original Actions Including Writs of Mandate and Prohibition contesting the ruling.
(b) The general public has standing to bring an original action.
(c) Either the filing of a motion or a proposed court order to exclude the general public, or the presenting to the court of an objection to a motion to exclude, constitutes a showing that the duty to act has been presented or brought to the attention of the trial court.
(d) A trial court is without authority to act upon any exclusion motion or issue an exclusion order on its own unless:
(1) it complies with sections 3, 4, and 5 of this chapter; and
(2) its findings of fact and conclusions of law are supported by the record of the proceedings.
As added by Acts 1982, P.L.40, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 14. Public Records and Public Meetings › Chapter 3. Access to Public Records › 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.
2023 Indiana Code › Title 5. State and Local Administration › Article 14. Public Records and Public Meetings › Chapter 3. Access to Public Records › 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.
2023 Indiana Code › Title 5. State and Local Administration › Article 14. Public Records and Public Meetings › Chapter 3. Access to Public Records › 5-14-3-2.2. Private University Police Department Records

Sec. 2.2. (a) The following records of a private university police department are public records and subject to this chapter:
(1) A record created or received after July 1, 2016, by a private university police department, to the extent the record:
(A) is created solely for a law enforcement purpose; and
(B) relates to arrests or incarcerations for criminal offenses.
(2) A record that is created in compliance with 20 U.S.C. 1092 and 34 CFR 668, to the extent that public access is required under federal law.
(3) The following records concerning a law enforcement officer employed by a private university police department:
(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 the law enforcement officer.
(B) Information relating to the status of any formal charges against the law enforcement officer.
(C) The factual basis for a disciplinary action in which final action has been taken and that resulted in the law enforcement officer 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.
The name of a crime victim must be redacted, unless release of the name is authorized by the crime victim.
(b) If a request for a private university police department record is denied under section 3 of this chapter, a civil action may be filed under section 9 of this chapter and the court may assess a civil penalty under section 9.5 of this chapter.
As added by P.L.217-2016, SEC.2. Amended by P.L.12-2021, SEC.4.
2023 Indiana Code › Title 5. State and Local Administration › Article 14. Public Records and Public Meetings › Chapter 3. Access to Public Records › 5-14-3-3.5. "State Agency"

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.
However, each state office described in subdivisions (1) through (4) 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; P.L.219-2017, SEC.13; P.L.8-2019, SEC.13; P.L.43-2021, SEC.29.
2023 Indiana Code › Title 5. State and Local Administration › Article 14. Public Records and Public Meetings › Chapter 3. Access to Public Records › 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.
2023 Indiana Code › Title 5. State and Local Administration › Article 14. Public Records and Public Meetings › Chapter 3. Access to Public Records › 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.
2023 Indiana Code › Title 5. State and Local Administration › Article 14. Public Records and Public Meetings › Chapter 3. Access to Public Records › 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.
2023 Indiana Code › Title 5. State and Local Administration › Article 14. Public Records and Public Meetings › Chapter 3. Access to Public Records › 5-14-3-4.8. Records Exempt From Disclosure Requirements; Tourism Development Negotiations; Final Offers Public

Sec. 4.8. (a) Records relating to negotiations between the office of tourism development (before July 1, 2020) or the Indiana destination development corporation (after June 30, 2020) and industrial, research, or commercial prospects are excepted from section 3 of this chapter at the discretion of the office of tourism development (before July 1, 2020) or the Indiana destination development corporation (after June 30, 2020) 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 office of tourism development (before July 1, 2020) or the Indiana destination development corporation (after June 30, 2020) 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 office of tourism development (before July 1, 2020) or the Indiana destination development corporation (after June 30, 2020) shall certify that the information being disclosed accurately and completely represents the terms of the final offer.
As added by P.L.229-2005, SEC.3. Amended by P.L.78-2019, SEC.3.
2023 Indiana Code › Title 5. State and Local Administration › Article 14. Public Records and Public Meetings › Chapter 3. Access to Public Records › 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.
2023 Indiana Code › Title 5. State and Local Administration › Article 14. Public Records and Public Meetings › Chapter 3. Access to Public Records › 5-14-3-5.1. Inspection of Law Enforcement Recordings; Obscuring of Undercover Law Enforcement Officer; Obscuring of Confidential Informants

Sec. 5.1. (a) As used in this section, "requestor" means the following:
(1) An individual who is depicted in a law enforcement recording.
(2) If the individual described in subdivision (1) is deceased:
(A) the surviving spouse, father, mother, brother, sister, son, or daughter of the individual; or
(B) the personal representative (as defined in IC 6-4.1-1-9) of or an attorney representing the deceased individual's estate.
(3) If the individual described in subdivision (1) is an incapacitated person (as defined in IC 29-3-1-7.5), the legal guardian, attorney, or attorney in fact of the incapacitated person.
(4) A person that is an owner, tenant, lessee, or occupant of real property, if the interior of the real property is depicted in the recording.
(5) A person who:
(A) is the victim of a crime; or
(B) suffers a loss due to personal injury or property damage;
if the events depicted in the law enforcement recording are relevant to the person's loss or to the crime committed against the person.
(b) A public agency shall allow a requestor to inspect a law enforcement recording at least twice, if:
(1) the requestor submits a written request under section 3 of this chapter for inspection of the recording; and
(2) if section 4(b)(19) of this chapter applies, the public agency that owns, occupies, leases, or maintains the airport approves the disclosure of the recording.
The public agency shall allow the requestor to inspect the recording in the company of the requestor's attorney. A law enforcement recording may not be copied or recorded by the requestor or the requestor's attorney during an inspection.
(c) Before an inspection under subsection (b), the public agency:
(1) shall obscure in the recording information described in section 4(a) of this chapter; and
(2) may obscure any information identifying:
(A) a law enforcement officer operating in an undercover capacity; or
(B) a confidential informant.
(d) Before an inspection under subsection (b), only the information in the recording described in subsection (c) may be obscured by the public agency.
(e) If a person is denied access to inspect a recording under this section, the person may appeal the denial under section 9 of this chapter.
As added by P.L.58-2016, SEC.4.
2023 Indiana Code › Title 5. State and Local Administration › Article 14. Public Records and Public Meetings › Chapter 3. Access to Public Records › 5-14-3-5.3. Retention of Law Enforcement Recordings

Sec. 5.3. (a) Except as provided in subsection (c), a public agency that is not the state or a state agency shall retain an unaltered, unobscured law enforcement recording for at least one hundred ninety (190) days after the date of the recording.
(b) Except as provided in subsection (c), a public agency that is the state or a state agency shall retain an unaltered, unobscured law enforcement recording for at least two hundred eighty (280) days after the date of the recording.
(c) A public agency shall retain an unaltered, unobscured law enforcement recording for a period longer than the period described in subsections (a) and (b) if the following conditions are met:
(1) Except as provided in subdivision (3), if a person defined as a requestor as set forth in section 5.1(a) of this chapter notifies the public agency in writing not more than:
(A) one hundred eighty (180) days (if the public agency is not the state or a state agency); or
(B) two hundred seventy (270) days (if the public agency is the state or a state agency);
after the date of the recording that the recording is to be retained, the recording shall be retained for at least two (2) years after the date of the recording. The public agency may not request or require the person to provide a reason for the retention.
(2) Except as provided in subdivision (3), if a formal or informal complaint is filed with the public agency regarding a law enforcement activity depicted in the recording less than:
(A) one hundred eighty (180) days (if the public agency is not the state or a state agency); or
(B) two hundred seventy (270) days (if the public agency is the state or a state agency);
after the date of the recording, the public agency shall automatically retain the recording for at least two (2) years after the date of the recording.
(3) If a recording is used in a criminal, civil, or administrative proceeding, the public agency shall retain the recording until final disposition of all appeals and order from the court.
(d) The public agency may retain a recording for training purposes for any length of time.
As added by P.L.58-2016, SEC.6.
2023 Indiana Code › Title 5. State and Local Administration › Article 14. Public Records and Public Meetings › Chapter 3. Access to Public Records › 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.
2023 Indiana Code › Title 5. State and Local Administration › Article 14. Public Records and Public Meetings › Chapter 3. Access to Public Records › 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.
2023 Indiana Code › Title 5. State and Local Administration › Article 14. Public Records and Public Meetings › Chapter 3. Access to Public Records › 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.
2023 Indiana Code › Title 5. State and Local Administration › Article 14. Public Records and Public Meetings › Chapter 3. Access to Public Records › 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.
2023 Indiana Code › Title 5. State and Local Administration › Article 14. Public Records and Public Meetings › Chapter 3. Access to Public Records › 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.
2023 Indiana Code › Title 5. State and Local Administration › Article 14. Public Records and Public Meetings › Chapter 3. Access to Public Records › 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.
2023 Indiana Code › Title 5. State and Local Administration › Article 14. Public Records and Public Meetings › Chapter 3. Access to Public Records › 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, including information declared confidential under:
(1) section 4(a) of this chapter; or
(2) section 4(b) of this chapter if the public agency having control of the information declares it to be confidential;
commits a Class A infraction.
(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; P.L.126-2012, SEC.24.
2023 Indiana Code › Title 5. State and Local Administration › Article 14. Public Records and Public Meetings › Chapter 3.1. Privacy Protections of Nonprofit Organizations › 5-14-3.1-1. Privacy Protection of Personal Information

Sec. 1. The personal information of a member, supporter, volunteer, or donor of a nonprofit organization (as defined in IC 23-17-32-3) is subject to certain protections under IC 23-17-32.
As added by P.L.221-2023, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 14. Public Records and Public Meetings › Chapter 3.3. Government Data › 5-14-3.3-1. "Data Owner"

Sec. 1. As used in this chapter, "data owner" means a governmental entity that creates or gathers data from other sources and stores that data for its governmental purposes.
As added by P.L.269-2017, SEC.6.
2023 Indiana Code › Title 5. State and Local Administration › Article 14. Public Records and Public Meetings › Chapter 3.3. Government Data › 5-14-3.3-2. "Executive State Agency"

Sec. 2. (a) As used in this chapter, "executive state agency" refers to any agency, authority, board, bureau, commission, department, division, office, or other unit of state government in the executive, including the administrative, department of state government established by any of the following:
(1) The Constitution of the State of Indiana.
(2) An Indiana statute.
(3) An administrative rule.
(4) An executive order.
(b) The term does not include the following:
(1) The legislative department of state government.
(2) The judicial department of state government.
(3) The Indiana finance authority established by IC 5-1.2-3-1.
(4) A political subdivision.
(5) A state educational institution.
As added by P.L.269-2017, SEC.6. Amended by P.L.189-2018, SEC.39.
2023 Indiana Code › Title 5. State and Local Administration › Article 14. Public Records and Public Meetings › Chapter 3.3. Government Data › 5-14-3.3-3. "Governmental Entity"

Sec. 3. As used in this chapter, "governmental entity" refers to any of the following:
(1) An executive state agency.
(2) A political subdivision.
(3) An agency of a political subdivision.
(4) A state educational institution.
As added by P.L.269-2017, SEC.6.
2023 Indiana Code › Title 5. State and Local Administration › Article 14. Public Records and Public Meetings › Chapter 3.3. Government Data › 5-14-3.3-4. "Government Data"

Sec. 4. As used in this chapter, "government data" refers to any electronically recorded information created, received, maintained, or stored by or otherwise in the control of a governmental entity. The term does not include any of the following:
(1) The investigative records of law enforcement agencies that employ the law enforcement officers listed in IC 35-31.5-2-185.
(2) The confidential advisory opinions requested or given by the office of the inspector general.
(3) Other information deemed confidential by IC 4-2-6, IC 4-2-7, IC 5-2-4, IC 31-33-18, IC 9-32-16-1, IC 10-13-3, 26 CFR 20, or 28 CFR 23.
(4) Confidential investigative records related to an investigation under IC 4-31, IC 4-33, or IC 4-35 and any other information classified as confidential under IC 4-31, IC 4-33, or IC 4-35.
As added by P.L.269-2017, SEC.6.
2023 Indiana Code › Title 5. State and Local Administration › Article 14. Public Records and Public Meetings › Chapter 3.3. Government Data › 5-14-3.3-6. "Machine Readable"

Sec. 6. As used in this chapter, "machine readable" refers to a format in which government data can be easily processed by a computer without human intervention while ensuring that semantic meaning is not lost.
As added by P.L.269-2017, SEC.6.
2023 Indiana Code › Title 5. State and Local Administration › Article 14. Public Records and Public Meetings › Chapter 3.3. Government Data › 5-14-3.3-7. "Open Format"

Sec. 7. As used in this chapter, "open format" means a technical format based on an underlying open standard that is:
(1) not encumbered by restrictions that would impede use or reuse; and
(2) maintained by a standards organization.
As added by P.L.269-2017, SEC.6.
2023 Indiana Code › Title 5. State and Local Administration › Article 14. Public Records and Public Meetings › Chapter 3.3. Government Data › 5-14-3.3-8. "Political Subdivision"

Sec. 8. As used in this chapter, "political subdivision" has the meaning set forth in IC 36-1-2-13.
As added by P.L.269-2017, SEC.6.
2023 Indiana Code › Title 5. State and Local Administration › Article 14. Public Records and Public Meetings › Chapter 3.3. Government Data › 5-14-3.3-9. "Web Site Owner"

Sec. 9. As used in this chapter, "web site owner" refers to the governmental entity that:
(1) establishes and maintains a government web site; and
(2) is responsible for the content of that site.
As added by P.L.269-2017, SEC.6.
2023 Indiana Code › Title 5. State and Local Administration › Article 14. Public Records and Public Meetings › Chapter 3.3. Government Data › 5-14-3.3-12. Chapter Does Not Require Recording or Conversion of Data to Preferable Format

Sec. 12. Except as otherwise specifically provided in this chapter or another statute, this chapter does not require a governmental entity to record information or expend resources for the purpose of computer programming to make or convert data to a format required under this chapter.
As added by P.L.269-2017, SEC.6.
2023 Indiana Code › Title 5. State and Local Administration › Article 14. Public Records and Public Meetings › Chapter 3.3. Government Data › 5-14-3.3-13. Disclosure of Data in Accordance With Other Laws

Sec. 13. A government web site may disclose government data only in accordance with IC 4-1-6 and IC 5-14-3.
As added by P.L.269-2017, SEC.6.
2023 Indiana Code › Title 5. State and Local Administration › Article 14. Public Records and Public Meetings › Chapter 3.3. Government Data › 5-14-3.3-14. Immunity of Web Site Owner, Employees for Disclosure

Sec. 14. A web site owner and its officers, officials, and employees are immune from any civil liability for posting confidential information if the information was posted in reliance on a determination made by a data owner about the confidentiality of information on the government web site.
As added by P.L.269-2017, SEC.6.
2023 Indiana Code › Title 5. State and Local Administration › Article 14. Public Records and Public Meetings › Chapter 3.3. Government Data › 5-14-3.3-15. Fee for Access to Data

Sec. 15. Except as specifically provided in IC 4-5-10-2, IC 4-13.1-2-4, IC 5-14-3-3.5, IC 5-14-3-3.6, or another statute, a web site owner may not charge a fee for access to the data on the web site.
As added by P.L.269-2017, SEC.6.
2023 Indiana Code › Title 5. State and Local Administration › Article 14. Public Records and Public Meetings › Chapter 3.3. Government Data › 5-14-3.3-16. Data Owner Responsibilities

Sec. 16. (a) This section applies to a data owner only if an Indiana statute requires the data owner to submit government data to a web site owner.
(b) A web site owner may require the data owner to submit the government data in an electronic format on a prescribed form.
(c) A data owner shall include a link on the data owner's Internet web site to the Internet web site of the web site owner to which the data owner is required to submit government data.
As added by P.L.269-2017, SEC.6.
2023 Indiana Code › Title 5. State and Local Administration › Article 14. Public Records and Public Meetings › Chapter 3.5. Access to Financial Data for State Agencies › 5-14-3.5-1. "State Agency"

Sec. 1. (a) As used in this chapter, "state agency" means an authority, a board, a branch, a commission, a committee, a department, a division, or another instrumentality of government, including the administrative branch of state government, the legislative branch of state government, and the judicial branch of state government.
(b) The term does not include a state educational institution.
As added by P.L.172-2011, SEC.15.
2023 Indiana Code › Title 5. State and Local Administration › Article 14. Public Records and Public Meetings › Chapter 3.5. Access to Financial Data for State Agencies › 5-14-3.5-2. Data on Indiana Transparency Web Site

Sec. 2. (a) The auditor of state, working with the office of technology established by IC 4-13.1-2-1, or another organization that is part of a state educational institution, and the office of management and budget established by IC 4-3-22-3, shall post on the Indiana transparency Internet web site the following data:
(1) A listing of state expenditures and fund balances, including expenditures for contracts, grants, and leases.
(2) A listing of state owned real and personal property that has a value of more than twenty thousand dollars ($20,000).
The web site must be electronically searchable by the public and must be intuitive to users of the web site.
(b) The data base must include for each state agency:
(1) the amount, date, payer, and payee of expenditures;
(2) a listing of state expenditures by:
(A) personal services;
(B) other operating expenses; or
(C) total operating expenses;
to reflect how the funds were appropriated in the state budget act;
(3) a listing of state fund balances;
(4) a listing of property owned by the state; and
(5) the information report required under IC 4-12-1-21(c).
(c) The data base must include for each state educational institution a listing of the annual salaries for employees of the state educational institution.
As added by P.L.172-2011, SEC.15. Amended by P.L.177-2013, SEC.1; P.L.87-2022, SEC.3.
2023 Indiana Code › Title 5. State and Local Administration › Article 14. Public Records and Public Meetings › Chapter 3.5. Access to Financial Data for State Agencies › 5-14-3.5-3. Graphic Representations of Data

Sec. 3. The auditor of state may enhance and organize the presentation of the information through the use of graphic representations.
As added by P.L.172-2011, SEC.15.
2023 Indiana Code › Title 5. State and Local Administration › Article 14. Public Records and Public Meetings › Chapter 3.5. Access to Financial Data for State Agencies › 5-14-3.5-4. Public Access Not Allowed to Certain Data

Sec. 4. (a) The auditor of state may not allow public access under this section to:
(1) a payee's address;
(2) personal information that is protected under state or federal law or rule; or
(3) information that is protected as a trade secret under state or federal law or by rule.
(b) The auditor of state may make information protected under subsection (a) available in an aggregate format only.
As added by P.L.172-2011, SEC.15.
2023 Indiana Code › Title 5. State and Local Administration › Article 14. Public Records and Public Meetings › Chapter 3.5. Access to Financial Data for State Agencies › 5-14-3.5-5. Immunity From Civil Liability

Sec. 5. The state and state officers, officials, and employees are immune from any civil liability for posting confidential information under section 4 of this chapter if the information was posted in reliance on a determination made by a state agency about the confidentiality of information relating to the agency's expenditures or fund balances.
As added by P.L.172-2011, SEC.15.
2023 Indiana Code › Title 5. State and Local Administration › Article 14. Public Records and Public Meetings › Chapter 3.5. Access to Financial Data for State Agencies › 5-14-3.5-6. State Agencies Providing Required Data to Auditor of State

Sec. 6. To the extent any information required to be in the data base is collected or maintained by a state agency or state educational institution, the state agency or state educational institution shall provide that information to the auditor of state for inclusion in the data base.
As added by P.L.172-2011, SEC.15. Amended by P.L.177-2013, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 14. Public Records and Public Meetings › Chapter 3.5. Access to Financial Data for State Agencies › 5-14-3.5-7. Prohibition Against Charging Fee for Access

Sec. 7. The auditor of state may not charge a fee for access to the data base.
As added by P.L.172-2011, SEC.15.
2023 Indiana Code › Title 5. State and Local Administration › Article 14. Public Records and Public Meetings › Chapter 3.5. Access to Financial Data for State Agencies › 5-14-3.5-8. Cooperation by State Agencies

Sec. 8. Except as provided in section 9 of this chapter, a state agency shall cooperate with and provide information to the auditor of state as necessary to implement and administer this chapter.
As added by P.L.172-2011, SEC.15.
2023 Indiana Code › Title 5. State and Local Administration › Article 14. Public Records and Public Meetings › Chapter 3.5. Access to Financial Data for State Agencies › 5-14-3.5-9. State Agencies Not Required to Record Information or Expend Resources for Computer Programming

Sec. 9. This chapter does not require a state agency to record information or expend resources for the purpose of computer programming to make information reportable under this chapter.
As added by P.L.172-2011, SEC.15.
2023 Indiana Code › Title 5. State and Local Administration › Article 14. Public Records and Public Meetings › Chapter 3.5. Access to Financial Data for State Agencies › 5-14-3.5-10. Links to Other Web Sites

Sec. 10. The office of technology established by IC 4-13.1-2-1 shall work with the auditor of state to include a link on the Internet web site established under this chapter to the Internet web site of each Internet web site operated by:
(1) the state; or
(2) a state agency.
As added by P.L.172-2011, SEC.15.
2023 Indiana Code › Title 5. State and Local Administration › Article 14. Public Records and Public Meetings › Chapter 3.5. Access to Financial Data for State Agencies › 5-14-3.5-11. Links on State Agency Web Sites to Indiana Transparency Web Site

Sec. 11. Each state agency shall include a link on the agency's Internet web site to the Internet web site established under this chapter.
As added by P.L.172-2011, SEC.15.
2023 Indiana Code › Title 5. State and Local Administration › Article 14. Public Records and Public Meetings › Chapter 3.5. Access to Financial Data for State Agencies › 5-14-3.5-12. Completing Design and Posting Information

Sec. 12. The auditor of state and the office of technology shall initially complete the design of the Internet web site and establish and post the information required under this chapter for all state agencies.
As added by P.L.172-2011, SEC.15.
2023 Indiana Code › Title 5. State and Local Administration › Article 14. Public Records and Public Meetings › Chapter 3.5. Access to Financial Data for State Agencies › 5-14-3.5-14. Submitting of Forms in an Electronic Format

Sec. 14. In order to comply with this chapter, the auditor may require that forms required to be submitted under this chapter be submitted in an electronic format.
As added by P.L.172-2011, SEC.15.
2023 Indiana Code › Title 5. State and Local Administration › Article 14. Public Records and Public Meetings › Chapter 3.6. Access to Financial Data for State Educational Institutions › 5-14-3.6-1. "Commission"

Sec. 1. As used in this chapter, "commission" refers to the commission for higher education of the state of Indiana established by IC 21-18-2.
As added by P.L.172-2011, SEC.16.
2023 Indiana Code › Title 5. State and Local Administration › Article 14. Public Records and Public Meetings › Chapter 3.6. Access to Financial Data for State Educational Institutions › 5-14-3.6-2. "State Educational Institution"

Sec. 2. As used in this chapter, "state educational institution" has the meaning set forth in IC 21-7-13-32.
As added by P.L.172-2011, SEC.16.
2023 Indiana Code › Title 5. State and Local Administration › Article 14. Public Records and Public Meetings › Chapter 3.6. Access to Financial Data for State Educational Institutions › 5-14-3.6-3. Web Site Established by Commission

Sec. 3. The commission shall establish a web site where members of the public may view the following:
(1) The audited financial statement of each state educational institution.
(2) A comparison between the amount appropriated to each state educational institution and the amount allotted for expenditure by the state educational institution.
(3) Information concerning the outstanding debt of each state educational institution, the purposes for which the outstanding debt was used, and the sources of repayment for the outstanding debt.
(4) For each state educational institution, all financial and other reports to a state agency that are public records.
As added by P.L.172-2011, SEC.16.