part of a licensure process.
(8) Those declared confidential by or under rules adopted by the
supreme court of Indiana.
(9) Patient medical records and charts created by a provider,
unless the patient gives written consent under IC 16-39.
(10) Application information declared confidential by the
twenty-first century research and technology fund board under
IC 4-4-5.1.
(11) A photograph, a video recording, or an audio recording
of an autopsy, except as provided in IC 36-2-14-10.
(b) Except as otherwise provided by subsection (a), the following
public records shall be excepted from section 3 of this chapter at the
discretion of a public agency:
(1) Investigatory records of law enforcement agencies. However,
certain law enforcement records must be made available for
inspection and copying as provided in section 5 of this chapter.
(2) The work product of an attorney representing, pursuant to
state employment or an appointment by a public agency:
(A) a public agency;
(B) the state; or
(C) an individual.
(3) Test questions, scoring keys, and other examination data used
in administering a licensing examination, examination for
employment, or academic examination before the examination is
given or if it is to be given again.
(4) Scores of tests if the person is identified by name and has not
consented to the release of his scores.
(5) The following:
(A) Records relating to negotiations between the department
of commerce, the Indiana development finance authority, the
film commission, the Indiana business modernization and
technology corporation, or economic development
commissions with industrial, research, or commercial
prospects, if the records are created while negotiations are in
progress.
(B) Notwithstanding clause (A), the terms of the final offer of
public financial resources communicated by the department of
commerce, the Indiana development finance authority, the film
commission, the Indiana business modernization and
technology corporation, or economic development
commissions to an industrial, a research, or a commercial
prospect shall be available for inspection and copying under
section 3 of this chapter after negotiations with that prospect
have terminated.
(C) When disclosing a final offer under clause (B), the
department of commerce shall certify that the information
being disclosed accurately and completely represents the terms
of the final offer.
(6) Records that are intra-agency or interagency advisory or
deliberative material, including material developed by a private
contractor under a contract with a public agency, that are
expressions of opinion or are of a speculative nature, and that are
communicated for the purpose of decision making.
(7) Diaries, journals, or other personal notes serving as the
functional equivalent of a diary or journal.
(8) Personnel files of public employees and files of applicants for
public employment, except for:
(A) the name, compensation, job title, business address,
business telephone number, job description, education and
training background, previous work experience, or dates of
first and last employment of present or former officers or
employees of the agency;
(B) information relating to the status of any formal charges
against the employee; and
(C) information concerning disciplinary actions in which final
action has been taken and that resulted in the employee being
disciplined or discharged.
However, all personnel file information shall be made available
to the affected employee or his representative. This subdivision
does not apply to disclosure of personnel information generally on
all employees or for groups of employees without the request
being particularized by employee name.
(9) Minutes or records of hospital medical staff meetings.
(10) Administrative or technical information that would
jeopardize a recordkeeping or security system.
(11) Computer programs, computer codes, computer filing
systems, and other software that are owned by the public agency
or entrusted to it and portions of electronic maps entrusted to a
public agency by a utility.
(12) Records specifically prepared for discussion or developed
during discussion in an executive session under IC 5-14-1.5-6.1.
However, this subdivision does not apply to that information
required to be available for inspection and copying under
subdivision (8).
(13) The work product of the legislative services agency under
personnel rules approved by the legislative council.
(14) The work product of individual members and the partisan
staffs of the general assembly.
(15) The identity of a donor of a gift made to a public agency if:
(A) the donor requires nondisclosure of his identity as a
condition of making the gift; or
(B) after the gift is made, the donor or a member of the donor's
family requests nondisclosure.
(16) Library or archival records:
(A) which can be used to identify any library patron; or
(B) deposited with or acquired by a library upon a condition
that the records be disclosed only:
(i) to qualified researchers;
(ii) after the passing of a period of years that is specified in
the documents under which the deposit or acquisition is
made; or
(iii) after the death of persons specified at the time of the
acquisition or deposit.
However, nothing in this subdivision shall limit or affect
contracts entered into by the Indiana state library pursuant to
IC 4-1-6-8.
(17) The identity of any person who contacts the bureau of motor
vehicles concerning the ability of a driver to operate a motor
vehicle safely and the medical records and evaluations made by
the bureau of motor vehicles staff or members of the driver
licensing advisory committee. However, upon written request to
the commissioner of the bureau of motor vehicles, the driver must
be given copies of the driver's medical records and evaluations
that concern the driver.
(18) School safety and security measures, plans, and systems,
including emergency preparedness plans developed under 511
IAC 6.1-2-2.5.
(c) Notwithstanding section 3 of this chapter, a public agency is not
required to create or provide copies of lists of names and addresses,
unless the public agency is required to publish such lists and
disseminate them to the public pursuant to statute. However, if a public
agency has created a list of names and addresses, it must permit a
person to inspect and make memoranda abstracts from the lists unless
access to the lists is prohibited by law. The following lists of names and
addresses may not be disclosed by public agencies to commercial
entities for commercial purposes and may not be used by commercial
entities for commercial purposes:
(1) A list of employees of a public agency.
(2) A list of persons attending conferences or meetings at a state
institution of higher education or of persons involved in programs
or activities conducted or supervised by the state institution of
higher education.
(3) A list of students who are enrolled in a public school
corporation if the governing body of the public school corporation
adopts a policy:
(A) prohibiting the disclosure of the list to commercial entities
for commercial purposes; or
(B) specifying the classes or categories of commercial entities
to which the list may not be disclosed or by which the list may
not be used for commercial purposes.
A policy adopted under subdivision (3) must be uniform and may not
discriminate among similarly situated commercial entities.
(d) Nothing contained in subsection (b) shall limit or affect the right
of a person to inspect and copy a public record required or directed to
be made by any statute or by any rule of a public agency.
(e) Notwithstanding any other law, a public record that is classified
as confidential, other than a record concerning an adoption, shall be
made available for inspection and copying seventy-five (75) years after
the creation of that record.
(f) Notwithstanding subsection (e) and section 7 of this chapter:
(1) public records subject to IC 5-15 may be destroyed only in
accordance with record retention schedules under IC 5-15; or
(2) public records not subject to IC 5-15 may be destroyed in the
ordinary course of business.".
the body. The verdict and the written report are subject to inspection
and copying under IC 5-14-3-3.
(b) Except as provided in subsections (c) and (d), a photograph,
video recording, or audio recording of an autopsy in the custody of
a medical examiner is declared confidential for purposes of
IC 5-14-3-4(a)(1).
(c) A surviving spouse may:
(1) view and copy a photograph or video recording; and
(2) listen to and copy an audio recording;
of the deceased spouse's autopsy. If there is no surviving spouse,
the surviving parents shall have access to the records under this
section. If there is no surviving spouse or parent, an adult child
shall have access to the records.
(d) Upon making a written request, a unit (as defined in
IC 36-1-2-23), the state, an agency of the state, the federal
government, or an agency of the federal government, while in
performance of their official duty, may:
(1) view and copy a photograph or video recording; and
(2) listen to and copy an audio recording;
of an autopsy. Unless otherwise required in the performance of
their duties, the identity of the deceased must remain confidential.
(e) The coroner or the coroner's designee having custody of a
photograph, a video, or an audio recording of an autopsy may not
permit a person to:
(1) view or copy the photograph or video recording; and
(2) listen to or copy the audio recording;
of an autopsy without a court order.
(f) A court, upon a showing of good cause, may issue an order
authorizing a person to:
(1) view or copy a photograph or video recording; and
(2) listen to or copy an audio recording;
of an autopsy, and may prescribe any restrictions or stipulations
that the court considers appropriate.
(g) In determining good cause under subsection (f), the court
shall consider:
(1) whether the disclosure is necessary for the public
evaluation of governmental performance;
(2) the seriousness of the intrusion into the family's right to
privacy;
(3) whether the disclosure of the photograph, video recording,
or audio recording is by the least intrusive means available;
and
(4) the availability of similar information in other public
records, regardless of form.
(h) In all cases, the viewing, copying, listening to, or other
handling of a photograph, video recording, or audio recording of
an autopsy must be under the direct supervision of the coroner, or
the coroner's designee, who is the custodian of the record.
(i) A surviving spouse shall be given:
(1) reasonable notice of the petition filed with the court to
view or copy a photograph or video recording of an autopsy
or a petition to listen to or copy an audio recording;
(2) a copy of the petition filed with the court to view or copy
a photograph or video recording of an autopsy or a petition to
listen to or copy an audio recording; and
(3) reasonable notice of the opportunity to be present and
heard at any hearing on the matter.
(j) If there is no surviving spouse, the notice under subsection (i)
must be given to the deceased's parents, and if the deceased has no
living parent, the notice must be given to the adult children of the
deceased.
(k) A coroner or coroner's designee who:
(1) is the custodian of a photograph, a video recording, or an
audio recording of an autopsy; and
(2) knowingly or intentionally violates this section;
commits a Class D felony.
(l) A person who knowingly or intentionally violates a court
order issued under this section commits a Class D felony.
under section 10 of this chapter.
(b) A county coroner or a coroner's deputy who receives an
investigatory record from a law enforcement agency shall treat the
investigatory record with the same confidentiality as the law
enforcement agency would treat the investigatory record.
(c) Notwithstanding any other provision of this section, a coroner
shall make available a full copy of an autopsy report, other than a
photograph, video recording, or audio recording of the autopsy,
upon the written request of the next of kin of the decedent or of an
insurance company investigating a claim arising from the death of the
individual upon whom the autopsy was performed. The insurance
company is prohibited from publicly disclosing any information
contained in the report beyond that information that may otherwise be
disclosed by a coroner under this section. This prohibition does not
apply to information disclosed in communications in conjunction with
the investigation, settlement, or payment of the claim.".
Renumber all SECTIONS consecutively.
(Reference is to SB 436 as printed March 28, 2001.)