Overview Of The Public Information Act In Indiana.

Introduction to Indiana’s Access to Public Records Act (APRA)

The Indiana Access to Public Records Act (APRA) is an encompassing open records statute initiated in 1983 to guarantee openness and answerability in governmental operations. The statute establishes the lawful structure for obtaining public records retained by state and local governmental bodies in Indiana.

APRA represents the ideal that all individuals are entitled to thorough and complete insight into the actions of government and the official doings of public officials and employees. This entitlement to knowledge is fundamental to the workings of a democratic society, enabling people to observe and partake in governmental decision-making activities.

The statute places the onus on governmental entities to rationalize withholding records, rather than obligating requesters to justify why records ought to be disclosed. This inclination toward transparency emphasizes the law’s goal of optimizing public access to government-held information.

Key Principles of APRA

Presumption of Openness

APRA establishes an assumption that all documents maintained by governmental bodies are open for perusal and reproduction. The Indiana Public Access Counselor has frequently upheld this notion, asserting that governmental entities must validate any refusal of access by referencing precise legal exemptions.

Broad Definition of Public Records

The statute interprets public records expansively to cover any material generated, received, preserved, kept, or filed by or with a governmental entity. This includes a wide assortment of documents, encompassing digital records, electronic correspondence, and databases. The Indiana Court of Appeals has ruled that items created for or on behalf of a governmental entity also qualify as public records under APRA.

Reasonable Particularity Requirement

Requests for public records must be made with “reasonable particularity.” This signifies that requesters must supply enough specifics for entities to identify the precise documents sought. However, entities cannot impose requirements that requests be overly detailed to create undue impediments to access.

Timely Response Obligations

APRA dictates that governmental entities must react to requests without delay. For in-person or phone-based requests, entities must reply within 24 hours. For written requests, they are allotted seven days to acknowledge receipt. The actual delivery of documents must happen within a “reasonable time,” though the statute does not provide an exact timeline.

What Constitutes a Public Record

According to APRA, a public record is defined as any writing, paper, report, study, map, photo, book, card, tape recording, or other materials that are generated, obtained, maintained, or filed by or with a governmental body. This interpretation is deliberately broad to encompass the wide scope of data held by governmental bodies.

Prominent types of public records include:

• Government administrative files (e.g., meeting notes, financial statements, contracts)
• Criminal justice documents (e.g., arrest reports, court files)
• Vital records (e.g., birth and death certificates)
• Property files (e.g., deeds, tax evaluations)

It’s important to recognize that the form of the document is irrelevant. Digital records, including emails and databases, fall under APRA if they align with the public record definition.

Government Bodies Subject to APRA

APRA applies to all governmental bodies within Indiana, including:

• State agencies and departments
• Local governmental entities (e.g., cities, counties, townships)
• Public education institutions and universities
• Law enforcement organizations
• Any board, commission, or other body exercising administrative, judicial, or legislative authority

The Indiana Public Access Handbook offers a complete list of bodies governed by the statute. Importantly, private organizations may also fall under APRA if they receive public funding or fulfill governmental tasks.

Types of Public Records Available

Criminal Justice Records

• Arrest reports
• Court records (excluding classified data)
• Inmate details

Government Administrative Records

• Meeting agendas and minutes
• Financial documents and budgets
• Contracts and agreements
• Correspondence from public officials

Vital Records

• Birth and death certificates (subject to certain limitations)
• Marriage and divorce documents

Property Records

• Deeds and property titles
• Tax evaluations
• Zoning records

Exemptions and Confidential Information

Though APRA promotes transparency, it also acknowledges the necessity to protect certain types of data. The statute includes both obligatory and discretionary exemptions.

Mandatory Exemptions

Documents that must be withheld include:

• Information deemed confidential by state law
• Trade secrets
• Specific financial details
• Social Security numbers

Discretionary Exemptions

Entities may choose to withhold:

• Law enforcement investigation records
• Attorney work materials
• Deliberative process documents
• Personnel record data

For a full listing of exemptions, see Indiana Code § 5-14-3-4.

Requesting Public Records

To request documents under APRA:

1. Identify the body holding the desired information
2. Submit a written request with reasonable particularity
3. Be ready to pay applicable fees for copying or search time

The Indiana Public Access Counselor’s Office provides sample request letters and additional instructions on submitting requests.

Rights of Requesters

APRA provides requesters with several key rights:

• The right to inspect and copy public records
• The right to obtain a written justification for refusals
• The right to dispute refusals via administrative or judicial review

Enforcement and Appeals

If a request is denied, requesters have several options:

1. Seek an advisory opinion from the Public Access Counselor
2. Submit a formal complaint to the Public Access Counselor
3. Pursue judicial review through the state courts

The Indiana Office of the Attorney General can also enforce APRA via civil lawsuits against non-compliant bodies.