Indiana Public Records < Indiana Public Information Act Exceptions
Indiana Public Information Act Exceptions.
The Indiana Access to Public Records Act (APRA) institutes the public’s ability to reach government documents while balancing the necessity for specific data to remain concealed. This article delves into the numerous exclusions to public disclosure under APRA and associated regulations.
Overview of the Indiana Access to Public Records Act
The Indiana Access to Public Records Act (IC 5-14-3) is formulated to ensure openness in government by affording residents access to public documentation. The act identifies public records broadly as any material fabricated, acquired, preserved, managed, or filed by or with a public entity.
APRA extends to all public bodies in Indiana, including state and local governing authorities, committees, panels, and educational establishments. The statute establishes mechanisms for requesting documents and sets timelines for entities to reply. While the overarching principle favors openness, APRA also acknowledges the necessity to shield certain delicate information via particular exclusions.
Mandatory Exemptions
APRA delineates several types of records that public bodies are prohibited from revealing unless access is expressly mandated by state or federal law or ordered by a court. These mandatory exclusions encompass:
Confidential Records
- Documents declared confidential by state ordinance
- Documents required to be maintained confidential by federal statute
- Documents deemed confidential by regulation adopted by a public entity under distinct statutory authorization
- Documents deemed confidential by or under rules set by the Indiana Supreme Court
Personal Information
- Social Security numbers embedded in public documents
- Patient medical documentation and charts, unless the patient gives written consent
- Student academic documentation safeguarded under the Family Educational Rights and Privacy Act (FERPA)
Other Mandatory Exemptions
- Proprietary secrets
- Specific research information from state educational institutions
- Academic transcripts and license exam outcomes
- Application data classified as confidential by the Indiana Economic Development Corporation
- Images, video files, or audio clips of autopsies, except as permitted in IC 36-2-14-10
Discretionary Exemptions
APRA also offers a catalog of documents that public entities may opt to withhold at their own discretion. These discretionary exclusions entail:
Law Enforcement Records
- Investigatory documents of law enforcement agencies
- Law enforcement recordings, subject to specific release protocols
- Particular personal data about complainants held within law enforcement records
Personnel and Administrative Records
- Personnel files of public employees
- Administrative or technical details that would endanger a record-keeping or security framework
- Computer software, codes, filing systems, and software programs owned by a public body
Deliberative Materials
- Documents that convey opinions or are used for decision-making processes
- Intra-agency or interagency advisory or deliberative content
- Work product of individual legislators and the partisan staff of the General Assembly
Security and Safety Information
- School safety and security protocols
- Documents that, if disclosed, would compromise public safety by revealing susceptibilities to terrorist assaults
Financial Information
- Confidential financial data obtained from an individual upon request
- Documents linked to negotiations with organizations or individuals regarding economic development ventures
Procedures for Handling Exempt Information
When a public entity receives a request for documents that contain both disclosable and non-disclosable details, they must separate the material and provide the non-exempt portion for review and copying. The responsibility for refusing access to documents rests with the public entity.
If an entity denies a request, they must supply a written statement of the specific exclusion justifying the withholding of all or part of the public document. Requesters have the privilege to appeal denials to the Indiana Public Access Counselor or initiate a lawsuit in court.
Challenging Exemption Claims
The Indiana Public Access Counselor holds a vital function in settling disagreements over document access. Individuals may file a complaint with the Counselor within 30 days of a refusal. The Counselor can issue advisory findings, which, though non-binding, bear substantial influence in ensuing legal proceedings.
If dissatisfied with the result, requesters may seek legal action in court. The Indiana Court of Appeals has jurisdiction to review cases concerning APRA breaches. In certain situations, victorious plaintiffs may be awarded attorney fees and court costs.
Recent Developments and Case Law
Indiana courts have continued to refine the understanding of APRA exclusions. For instance, in Scales v. Warrick County Sheriff’s Department, the Court of Appeals clarified that the investigatory documents exemption applies solely to criminal probes, not to all law enforcement operations.
The legislature has also made periodic updates to APRA. Recent revisions have tackled issues such as the management of body cam footage and the safeguarding of vital infrastructure details.
Comparison with Federal FOIA Exemptions
While Indiana’s APRA shares a few parallels with the federal Freedom of Information Act (FOIA), there are distinct divergences. For example, APRA’s investigatory documents exemption is elective, while FOIA’s law enforcement exclusion is obligatory in specific instances. Moreover, APRA does not have a particular exclusion for classified national security data, as this remains chiefly a federal matter.
Best Practices for Agencies and Requesters
Public entities should uphold clear guidelines for handling document requests and train personnel on APRA stipulations. Agencies are urged to consult the Indiana Public Access Handbook issued by the Public Access Counselor for insight into implementing the statute.
Requesters should be specific in their document requests and acquaint themselves with the exclusions to avoid unnecessary refusals. When uncertain about the applicability of an exclusion, individuals may seek an informal opinion from the Public Access Counselor before moving to formal legal proceedings.