Indiana Access to Public Records Act

Response Timeline

No fixed statutory response deadline. Records must be available for inspection and copying 'during the regular business hours of the agency' (Ind. Code § 5-14-3-3(a)). In practice, agencies are expected to respond within a reasonable time. Denial must be in writing with specific statutory authority cited.

No residency requirement. 'Any person may inspect and copy the public records of any public agency' (Ind. Code § 5-14-3-3(a)).

How to Submit a Request

Accepted Methods

• Written — Written request recommended; required for enhanced access
• Oral — Oral requests accepted for inspection
• In person — May inspect during regular business hours

No specific form required. Agencies must respond to both written and oral requests. For enhanced access to electronic records, a written agreement is required. Law is 'liberally construed' to favor openness.

Required Elements

• Description of records sought with reasonable specificity

Optional Elements

• Preferred format
• Whether requesting inspection or copies

Fees

Per-page costs are straightforward. Search fees generally prohibited. 'Enhanced access' to electronic records available through contract at negotiated fee. Agencies may charge electronic retrieval costs at 105% of actual development and labor costs. Actual copying cost excludes labor and overhead.

Fee Waivers

• Agencies may waive fees for electronic maps requested for journalism purposes
• Agencies may waive fees for electronic maps requested for academic research
• Agencies may waive fees for electronic maps requested by nonprofits
• Agencies may waive electronic record inspection fees at discretion

Discretionary waivers available primarily for electronic map data used for journalism, academic research, or nonprofits.

Exemptions

• Deliberative
  Attorney-client communications and deliberative materials (Ind. Code § 5-14-3-4(b)(6))
• Trade secrets
  Trade secrets and confidential business data voluntarily provided (Ind. Code § 5-14-3-4(b)(4))
• Personnel
  Personnel records including evaluations and disciplinary materials (Ind. Code § 5-14-3-4(b)(10))
• Atty work product
  Attorney work product (Ind. Code § 5-14-3-4(a)(8))
• Terrorism
  Terrorism vulnerability information 'reasonably likely to threaten public safety' (Ind. Code § 5-14-3-4(b)(19))
• Computer sw
  Computer software and programs (Ind. Code § 5-14-3-4(b)(11))
• Sealed records
  Court-sealed records (Ind. Code § 5-14-3-4(a)(8); Admin. R. 9(G))
• Utility customer
  Utility customer addresses, phone numbers, SSNs (Ind. Code § 5-14-3-4(b)(20))
• Investigatory
  Investigatory records of law enforcement agencies
• Medical
  Medical, counseling, or psychological facts or evaluations

Exemptions in Ind. Code § 5-14-3-4. Some are mandatory (records 'shall not' be disclosed) and some are discretionary (records 'may' be withheld). Law is 'liberally construed' in favor of disclosure. Burden on agency to justify withholding.

Appeal Process

Public Access Counselor provides advisory opinions - not binding but influential. Consulting PAC before litigation is recommended because failing to do so may preclude attorney fee recovery (Ind. Code § 5-14-3-9(i)). Court action available without exhausting administrative remedies.

Request Templates

Records Retention

IC 5-15-5.1; IC 5-15-6

View retention law →

Retention schedule catalog →

IARA establishes a statewide records management and archival program. All retention schedules must be approved by the Oversight Committee on Public Records. The online Record Series Search tool allows searching across ALL state and local retention schedules. Destruction without an approved schedule is prohibited.

Sources & References

• Full text of law →
• Primary source →
• RCFP Open Government Guide — Indiana →
• NFOIC State FOI Resources →