HB 1360 changesAccess to public records.

What changed

+513 / −687 words · LargeConfidence: high

This version substantially expands exemptions from Indiana's public records law by adding over thirty new categories of protected information. The changes codify confidentiality for previously scattered provisions (such as patient medical records, Social Security numbers, and trade secrets) while creating entirely new protections for economic development negotiations, legislative work product, law enforcement recordings, and various administrative materials. The bill removes its original preamble describing the public access counselor's duty to identify excessive records requests, eliminates structural provisions that appeared to address data scraping concerns, and broadens the scope of discretionary exceptions available to public agencies. Most significantly, the changes consolidate multiple confidentiality provisions that were likely spread across different statutes while simultaneously expanding agency discretion to withhold advisory, deliberative, and negotiation-related records.

Change log

• PREAMBLE >cont.

  removedhigh confidence

  Deleted bill preamble describing counselor's duties on excessive records requests

  The bill summary paragraph describing the public access counselor's duties related to identifying and reporting excessive public records requests has been removed. This paragraph previously outlined requirements for the counselor to track suspect requests and make recommendations to the General Assembly. The removal suggests this content may have been substantively changed or relocated elsewhere in the bill.

• SECTION 2 > (1)

  removedhigh confidence

  Technical/conforming change

  This section consists solely of structural text ('or more of the following apply:') that introduces a list. Its removal is a formatting adjustment, likely part of a larger structural reorganization of the surrounding provisions. No substantive legal requirement, deadline, definition, or party obligation is altered by removing this introductory phrase.

• APPENDIX

  removedhigh confidence

  Committee report and House motion amendments removed from bill appendix

  The appendix containing procedural materials has been removed from the bill. This appendix previously documented committee recommendations to change certain 'shall' provisions to 'may' provisions, and a House motion to add provisions allowing public agencies to decline electronic records requests suspected to be data scraping, phishing, or security threats. These materials represent legislative process documentation rather than operative statutory language.

• SECTION 3 > (1)

  addedhigh confidence

  New exemption added for records declared confidential by state statute

  This section adds a new exemption category to the public records law. Records that are declared confidential by state statute are now explicitly exempted from disclosure. This provision creates a general exemption framework that relies on other statutes to designate specific types of confidential records.

• SECTION 3 > (2)

  addedhigh confidence

  New exception for records declared confidential by agency rule under statutory authority

  This section adds a new category of records that are excepted from public disclosure requirements. Public agencies may now classify records as confidential through rules they adopt, provided the agency has specific statutory authority to make such classifications. This creates a formal pathway for agencies to establish confidentiality through rulemaking rather than through direct statutory enumeration.

• SECTION 3 > (3)

  addedhigh confidence

  New exemption added for records required confidential by federal law

  This section adds a new category of public records that are exempt from disclosure: those required to be kept confidential by federal law. This creates a blanket exemption for any records where federal law mandates confidentiality, without specifying particular federal statutes or types of records.

• SECTION 3 > (4)

  addedhigh confidence

  New exemption added for records containing trade secrets

  This section adds a new category of records that are exempt from public disclosure: records containing trade secrets. This creates a blanket exemption for any public records that contain trade secret information, without additional qualifying conditions in this subsection.

• SECTION 3 > (5)

  addedhigh confidence

  New exemption for confidential financial information obtained on request

  This section adds a new exemption to public records disclosure for confidential financial information that a public agency obtains upon request from a person. The exemption does not apply to financial information that must be filed with or received by a public agency under state law, which would remain subject to normal disclosure rules.

• SECTION 3 > (6)

  addedhigh confidence

  New exemption added for research information at state educational institutions

  This section creates a new exemption from public records disclosure for information concerning research conducted under the auspices of a state educational institution. The exemption covers actual research documents, information about negotiations related to the research, and information received from other parties involved in the research. This expands the categories of information that public agencies may withhold from disclosure.

• SECTION 3 > (7)

  addedhigh confidence

  Grade transcripts and license examination scores in licensure processes newly made confidential

  This provision adds a new category of confidential records to the public records law. Grade transcripts and license examination scores that are obtained as part of a professional or occupational licensure process are now designated as confidential and not subject to public disclosure. This applies across all state licensing boards and agencies that collect such records during their credentialing processes.

• SECTION 3 > (8)

  addedhigh confidence

  New exemption added for records declared confidential by Indiana Supreme Court rules

  This section adds a new category of records exempt from public disclosure: those declared confidential by or under rules adopted by the Indiana Supreme Court. This creates a blanket exemption for any records the Supreme Court designates as confidential through its rulemaking authority, without specifying particular types of records or subject matter limitations.

• SECTION 3 > (9)

  addedhigh confidence

  Patient medical records and charts exempted from public records disclosure without written consent

  This section creates a new exemption from public records disclosure for patient medical records and charts created by healthcare providers. The exemption applies unless the patient provides written consent under IC 16-39 or as otherwise provided under IC 16-41-8. This codifies patient privacy protections within the public records access framework.

• SECTION 3 > (10)

  addedhigh confidence

  New confidentiality exemption added for IEDC application information

  This section adds a new category of records exempt from public disclosure: application information that the Indiana Economic Development Corporation has declared confidential under IC 5-28. This creates a new basis for withholding certain economic development application materials from public records requests when the IEDC designates them as confidential.

• SECTION 3 > (11)

  addedhigh confidence

  New public records exception for autopsy photographs, video, and audio recordings created

  This section adds a new exception to Indiana's public records law, making photographs, video recordings, and audio recordings of autopsies confidential and not subject to public disclosure. An exception to this confidentiality is provided under IC 36-2-14-10, which presumably establishes conditions under which these records may be accessed.

• SECTION 3 > (12)

  addedhigh confidence

  Social Security numbers in public agency records made confidential

  This section newly designates Social Security numbers contained in public agency records as confidential information. This creates an exemption from public disclosure requirements for these personal identifiers. The provision applies broadly to any public agency's records.

• SECTION 3 > (13)

  addedhigh confidence

  Exempts foreclosure debtor contact information and loss mitigation documents from public records

  This section adds a new public records exemption for certain information in foreclosure actions under IC 32-30-10.5. Contact information for debtors and any documents submitted as part of a debtor's loss mitigation package are now exempt from public disclosure. This protects privacy of homeowners facing foreclosure while they work through loss mitigation processes with lenders.

• SECTION 3 > (14)

  addedhigh confidence

  New public records exception added for fraud hotline calls and caller identities

  This section creates a new exemption from public disclosure for information obtained from calls to a fraud hotline established under IC 36-1-8-8.5. The exemption covers both the identity of callers and any reports, transcripts, audio recordings, or other information from those calls. However, these records may still be disclosed to law enforcement agencies, private university police departments, the attorney general, the inspector general, the state examiner, or prosecuting attorneys.

• SECTION 3 > (15)

  addedhigh confidence

  New exemption restricts disclosure of crime victim information in daily logs for minors absent parental consent

  This section creates a new public records exemption for information about crime or delinquency victims under 18 years old that appears in daily logs or records. The information may be disclosed publicly only if a parent, guardian, or custodian consents in writing and that adult has not been charged with or convicted of a crime against the victim. Records may still be disclosed to the Department of Child Services regardless of parental consent.

• SECTION 3 > (b)

  addedhigh confidence

  New discretionary exceptions to public records access added

  This section creates a new subsection (b) establishing discretionary exceptions to public records requirements. Public agencies may now choose to withhold certain categories of public records from disclosure under section 3 of this chapter, except where subsection (a) mandates disclosure. The specific categories of excepted records are not detailed in the provided text.

• SECTION 3 > (1)

  addedhigh confidence

  New exemption for law enforcement recordings containing victim information, with parental consent requirement and agency sharing provisions

  This section creates an exemption for investigatory records of law enforcement agencies and private university police departments, while establishing that law enforcement recordings are not investigatory records. Information about victims in law enforcement recordings is exempt unless a parent, guardian, or custodian consents in writing, but those charged with or convicted of crimes against the victim cannot provide consent. Law enforcement agencies may share investigatory records with victim advocates, schools for safety purposes, and the Indiana criminal justice institute for investigations without losing confidentiality protections against other requesters.

• SECTION 3 > (2)

  addedhigh confidence

  Attorney work product exemption added for state-employed or appointed attorneys

  This section adds a new exemption protecting the work product of attorneys who represent public agencies, the state, or individuals when the attorney is either a state employee or appointed by a public agency. This creates a shield for attorney-prepared materials from public records requests in these employment contexts.

• SECTION 3 > (3)

  addedhigh confidence

  New exemption created for test questions, scoring keys, and examination data

  This provision creates a new exemption from public records disclosure for test questions, scoring keys, and other examination data. The exemption applies to licensing examinations, employment examinations, and academic examinations. The materials are protected before the examination is administered or if the examination will be given again in the future.

• SECTION 3 > (4)

  addedhigh confidence

  New exemption added for individual test scores when person has not consented to release

  This section adds a new exemption to public records disclosure requirements. Test scores may now be withheld from public access if the individual is identified by name and has not given consent for their scores to be released. This creates a privacy protection for individuals whose test performance data might otherwise be subject to public records requests.

• SECTION 3 > (5)

  addedlow confidence

  New exemption category added for records relating to negotiations

  This section adds a new subsection (5) that begins to establish an exemption for records relating to negotiations. The provision is incomplete in the text provided, showing only the opening structure with '(A) Records relating to negotiations between:' without specifying the parties to the negotiations or the conditions under which such records would be exempt. The full scope and application of this exemption cannot be determined from the partial text available.

• SECTION 3 > (i)

  addedmedium confidence

  Indiana economic development corporation added to applicable list

  This section adds the Indiana economic development corporation to a list within the statute. Without the broader context of the full section, it appears this corporation is being newly included in provisions related to public records access. The addition is straightforward with no qualifications or conditions attached to the corporation's inclusion.

• SECTION 3 > (ii)

  addedhigh confidence

  Ports of Indiana added to list

  This section adds "the ports of Indiana" as a new item in what appears to be a list or enumeration. Without the surrounding context, the specific legal effect cannot be determined, but this represents a substantive addition of a named entity to the statute.

• SECTION 3 > (iii)

  addedmedium confidence

  Indiana state department of agriculture added to list

  This section adds the Indiana state department of agriculture to what appears to be an enumerated list. Without the surrounding context, it is unclear what obligations, exemptions, or requirements apply to the entities in this list. The addition is straightforward and contains no qualifications or conditions.

• SECTION 3 > (iv)

  addedmedium confidence

  Indiana finance authority added to list

  This section adds the Indiana finance authority to what appears to be an enumerated list. Without the surrounding context showing what this list governs, the precise effect cannot be determined from the diff alone, though it clearly expands the scope of whatever provision this list serves.

• SECTION 3 > (v)

  addedmedium confidence

  Economic development commissions added to list

  This section adds economic development commissions to an existing list. Without seeing the surrounding context or list heading, the specific legal effect is unclear, but it appears to extend some requirement, exemption, or definition to cover these commissions. The addition is brief and uses standard statutory language without additional qualifications or limitations.

• SECTION 3 > (vi)

  addedhigh confidence

  Indiana White River state park development commission added to list

  This section adds the Indiana White River state park development commission to an existing list. The provision appears to be adding this entity to a statutory enumeration, likely relating to public records access given the bill title. No substantive operational changes are specified in this addition.

• SECTION 3 > (vii)

  addedhigh confidence

  Local economic development nonprofits added to entities whose negotiation records may be excepted from disclosure

  This section adds local nonprofit economic development organizations to the list of entities whose records created during negotiations with industrial, research, or commercial prospects may be excepted from public disclosure. The added entity type is defined as a nonprofit corporation established under state law whose primary purpose is promoting industrial or business development, retaining or expanding Indiana businesses, or developing entrepreneurial activities in Indiana. This addition parallels existing exceptions for other economic development entities while maintaining the requirement that final offers and executed incentive agreements eventually become public.

• SECTION 3 > (6)

  addedhigh confidence

  New exemption for advisory and deliberative records, including contractor materials

  This section creates a new exemption from public disclosure for advisory or deliberative materials exchanged within or between agencies for decision-making purposes. The exemption covers opinions and speculative materials. Notably, it extends to materials developed by private contractors working under contract with public agencies, treating contractor-generated advisory content the same as agency-generated content for purposes of this exemption.

• SECTION 3 > (7)

  addedhigh confidence

  New exemption added for diaries, journals, and personal notes from public records

  This section adds a new category of records exempt from public disclosure. Personal diaries, journals, and similar personal notes that serve the same function are now excluded from public records requirements. This exemption applies regardless of whether these items are maintained by public officials or employees.

• SECTION 3 > (8)

  addedhigh confidence

  New exception added for personnel files and employment applicant records

  This section creates a new exception to public records disclosure for personnel files of public employees and job applicants. While these files are generally exempt, the public may still access employees' names, compensation, job titles, contact information, job descriptions, qualifications, work history, and employment dates. Information about formal charges against employees and the factual basis for disciplinary actions resulting in suspension, demotion, or discharge must also be disclosed, though affected employees retain full access to their own files.

• SECTION 3 > (9)

  addedhigh confidence

  Hospital medical staff meeting minutes/records added to public records exemptions

  This section adds a new exemption to public records disclosure requirements for minutes or records of hospital medical staff meetings. This means such meeting records would not be subject to public inspection or copying under Indiana's Access to Public Records Act. The exemption applies specifically to meetings of medical staff at hospitals.

• SECTION 3 > (10)

  addedhigh confidence

  New public records exemption added for administrative or technical information that would jeopardize record keeping, voting, voter registration, or security systems

  This section creates a new exemption from public records disclosure. Administrative or technical information that would jeopardize a record keeping system, voting system, voter registration system, or security system is now exempt from disclosure. This exemption protects operational details of critical government systems from public access.

• SECTION 3 > (11)

  addedhigh confidence

  New exemption for computer programs, codes, and filing systems owned by or entrusted to public agencies

  This provision adds a new exemption from public disclosure for computer programs, computer codes, computer filing systems, and other software owned by or entrusted to public agencies. The exemption also covers portions of electronic maps entrusted to public agencies by utilities. This creates a categorical protection for software and certain utility-related electronic mapping data.

• SECTION 3 > (12)

  addedhigh confidence

  New exemption added for records prepared for or developed during executive sessions

  This section adds a new exemption to public records requirements for materials specifically prepared for discussion or developed during executive sessions under IC 5-14-1.5-6.1. However, the exemption does not shield information that must be available under subdivision (8), preserving existing disclosure requirements for certain executive session records.

• SECTION 3 > (13)

  addedhigh confidence

  Legislative services agency work product under approved personnel rules made exempt from public records

  This addition creates a new exemption from public records disclosure for work product produced by the legislative services agency, but only when that work is governed by personnel rules that have been approved by the legislative council. This exemption did not previously exist in statute.

• SECTION 3 > (14)

  addedhigh confidence

  Work product of individual legislators and partisan staff exempted from public records

  This section creates a new exemption from public records disclosure for the work product of individual members of the general assembly and their partisan staffs. Previously, no such categorical exemption existed in this location of the statute. The exemption covers materials created by legislators and their partisan staff in the course of their legislative work.