Indiana Public Records & APRA

Indiana's Public Access Laws Handbook

Indiana's Access to Public Records Act (APRA) gives you the right to inspect and copy public records. This page is for information only and is not legal advice.

APRA FAQs

Who may access public records?

The explicit policy statement and statutory language of the APRA permit all persons access to public records. A “person” includes individuals as well as corporations, limited liability companies, partnerships, associations and governmental entities.

What kinds of documents may be accessed?

To be required to be accessible, a document must be a public record from a public agency. The APRA defines a public record as . . . any writing, paper, report, study, map, photograph, book, card, tape recording, or other material that is created, received, retained, maintained, or filed by or with a public agency and which is generated on paper, paper substitutes, photographic media, chemically based media, magnetic or machine readable media, electronically stored data, or any other material, regardless of form or characteristics. I.C. § 5-14-3-2. I.C. § 5-14-3-2 defines public agency very broadly to include boards, commissions, departments, divisions, bureaus, committees, agencies and offices exercising administrative, judicial or legislative power; counties, townships, cities, towns, law enforcement agencies; school corporations; advisory commissions, committees and bodies; license branches; the lottery commission; the gaming commission; the horse racing commission; and a private university police department. Additionally, any entity that is subject to audit by the State Board of Accounts by statute, rule, or regulation is a public agency for purposes of the APRA. An entity that is maintained or supported, in whole or in part, by public funds may fall within the APRA, and, therefore, its records are accessible.

What records may not be accessed?

The stated policy of the APRA and its broad definition of public records make most documents accessible to the public. But the APRA specifically excludes certain types of documents from disclosure. These exceptions can be found in I.C. § 5-14-3-4. In determining whether a particular record is excepted from disclosure under the APRA, Indiana courts interpret these exceptions narrowly.

Under I.C. § 5-14-3-4(a), certain records cannot be disclosed by a public agency unless disclosure is specifically required by state or federal statute, or is ordered by a court under the rules of discovery. I.C. 5-14-3-4(a) is not an exhaustive list of records considered confidential pursuant to state law. Various provisions throughout the Indiana Code declare certain records confidential. The most commonly cited exceptions found in I.C. § 5-14-3-4(a) include:

Records made confidential by state statute, including:
- Juvenile Law Enforcement Records (IC 31-39-3, 31-39-4)
- Juvenile Court Records (IC 31-39-2)
- Protective Orders (IC 5-2-9-6); Address Confidentiality Program (IC 5-26.5-2)
- Confidential Motor Vehicle Records (IC 9-14-3-9)
- Victim Addresses (IC 11-13-3-4)
- TANF Records (IC 12-14-1-7)
- Patient Treatment Records (IC 12-23-18-5.6)
- School Records (IC 31-39-6-1)
- Hotline Calls (IC 31-33-18-5)
Records made confidential by rule adopted by a public agency under specific authority
Records made confidential by federal law (e.g., FERPA, 20 U.S.C. § 1232g et seq.)
Records containing trade secrets
Records containing confidential financial information received upon request from a person
Grade transcripts and license examination scores
Records made confidential by rules adopted by the Indiana Supreme Court
Patient medical records and charts created by a health care provider (unless the patient consents in writing)
A photograph, video recording, or audio recording of an autopsy
A Social Security number contained in the records of a public agency

In certain circumstances, APRA grants public agencies discretion in determining which public records should be disclosed. I.C. § 5-14-3-4(b) provides public agencies the discretion to withhold the following records from public access. Common discretionary exceptions under 4(b) include:

Investigatory records of law enforcement agencies (records compiled during the course of a criminal investigation). However, under I.C. § 5-14-3-5, certain factual information—such as the identity of a person arrested or jailed and the agency’s response to a complaint, accident, or incident—must be made available to the public.

May I request information in the form of a list?

The Act provides that a public agency is not required to create and release a list of names and addresses upon request. If a list of names has been compiled, or if a public agency maintains a list of information under some statutory requirement, the list is accessible to the public. In general, however, a public agency is not required to create a “list” to satisfy a public records request. But an agency that maintains its records on an “electronic data storage system” must make a reasonable effort to satisfy a request for information from that system.

When a commercial entity requests a list that contains the names and addresses of:

the employees of a public agency,
the people attending conferences or meetings at a state institution of higher education, or
students enrolled in a public school corporation which adopts a policy that such information need not be released,

the public agency may not permit a commercial entity access to the list when the list is sought for a commercial purpose.

When can public records be accessed?

The APRA permits the public access to public records during the regular business hours of the particular public agency from which the records are sought. On occasion, part-time public officials may have limited business hours. The APRA does not require a public agency to be open for any particular hours of the day, but it is the responsibility of the public official to ensure there is adequate time for persons who wish to inspect and copy records. Once a public agency indicates there are disclosable public records which will be provided in response to a request, the compilation and copying of the records may not unreasonably interfere with the regular business of that agency.

What are the public agency’s responsibilities when I submit a request?

If a requestor is physically present in the office of the public agency or makes a request by telephone or requests enhanced access to a document, the public agency must respond to the request within 24 hours after any employee of the agency receives the request. If a request is mailed or sent by facsimile or email, a public agency must respond within seven calendar days of the receipt of that request. The APRA requires only a response and not the actual production of records within this specified time period.

The APRA requires that all records must be produced in a reasonable period of time, considering the facts and circumstances. See Appendix B for a checklist for agencies responding to requests under the APRA.

May a public agency deny a request?

In general, if a requested record (1) is a public record from a public agency; (2) is not exempt from disclosure; and (3) is identified with reasonable particularity pursuant to I.C. § 5-14-3-3(a), the public agency cannot deny access to the record.

If access to a public record would reveal disclosable and nondisclosable information, the information that is disclosable must be made available for inspection. The public agency must separate, or redact, the nondisclosable information.

Oral requests made by telephone or in person may be denied orally. If a request is made in writing, by facsimile or by email, or if an oral request that was denied is renewed in writing, the public agency may only deny the request in writing. A denial must include a statement of the specific statutory reason for nondisclosure of the information and the name and title of the person responsible for the denial.

What if a public agency denies my request?

If a person feels he or she has been wrongly denied, that person should contact the Public Access Counselor for an informal response or to file a formal complaint. See Sections 5 and 6 of this handbook for more information.

The APRA authorizes an individual who has been denied access to a public record to file a civil lawsuit in the circuit or superior court of the county in which the denial occurred. The purpose of the lawsuit is to compel disclosure of the records sought. When such a lawsuit is filed, the public agency must notify each person who supplied a part of the public record in dispute that a request for its release has been denied.

The burden of proof then falls upon the public agency to establish that it properly denied access to the public record because the record falls outside the scope of the Act. If certain conditions are met, the prevailing party is entitled to reasonable attorney fees, court costs and other litigation expenses. Further, a civil penalty may be assessed by the court if a request for records is denied with the specific intent to unlawfully withhold a record that is subject to disclosure under the APRA. See I.C. 5-14-3-9.5.