Indiana Access to Public Records Act

Question 1

Indiana Access to Public Records Act

IAPRA

Answer 1

Requests for inspection or copying must identify the record with REASONABLE PARTICULARITY and must be IN WRITING using the agency form

Question 2

Prohibited Disclosures

Answer 2

(1) Confidential records
(2) Trade secrets
(3) Confidential financial information
(4) Research conducted under the auspices of a state educational institution
(5) Grade transcripts/License examination scores
(6) Medical records/charts
(7) Autopsy records
(8) SS numbers
(9) Foreclosure actions
(10) Fraud hotline callers

Question 3

Discretionary Disclosures

Answer 3

(1) Investigatory records
(2) Attorney work product
(3) Certain negotiations with industrial research or commercial prospects
(4) Intra-agency or interagency advisory or deliberative materials
(5) Personnel files of public employees and applicants
(6) Executive session records

Question 4

Lists of Names and Addresses

Answer 4

If agency has created list, agency MUST permit the list to be inspected

List CANNOT be provided to commercial entities for commercial purposes

Question 5

Confidential Records

Answer 5

Confidential records become available 75 YEARS after creation

Does not apply to adoption or medical records

Question 6

IAPRA Denial

Answer 6

Denial occurs when:

(1) Designated person responsible for public records REFUSES TO PERMIT INSPECTION AND COPYING; or
(2) 24 HOURS ELAPSE after ANY employee of the public agency refuses to permit inspection and copying of the requested public record

Question 7

Suit to Compel Inspection

Answer 7

Person need not allege or prove any special damage different from that suffered by the public at large to establish standing

Question 8

Attorney’s Fees and Expenses

Answer 8

Must be awarded if:

(1) P prevails; or
(2) D prevails and action was frivolous