IC 33-23-19-4 — Request to remove or prevent publication of personal information; civil action
Chapter 19. Protection of Personal Information
Section text
Sec. 4. (a) A protected individual, or the office of judicial administration on behalf of a protected individual, may submit a written request to a public agency (as defined in IC 5-14-3-2(q)) to: (1) prevent publication of personal information of the protected individual; or (2) remove personal information of the protected individual from an existing publication. (b) A request made under subsection (a) must be sent by certified mail or electronic mail and contain the following: (1) Sufficient information to confirm that the person subject to the request is a protected individual. (2) A description of the document, posting, or other publication containing the personal information that is sought to be removed. A request made by the office of judicial administration that certifies that the person subject to the request is a protected individual is sufficient for the purposes of subdivision (1). (c) Not later than one (1) day after receiving a request under this section, a public agency shall acknowledge receipt of the request. (d) After receiving a request under this section, a public agency shall: (1) as soon as practicable, take action necessary to ensure that the personal information of the protected individual is not published; or (2) not later than three (3) days after receipt of the request, remove all personal information of the protected person from publication. (e) A protected individual or the office of judicial administration may bring a civil action against a public agency for a violation of subsection (d). A prevailing party may recover: (1) actual damages; (2) declaratory relief; (3) injunctive relief; and (4) costs and reasonable attorney's fees. A court may also award punitive damages if the court finds that the defendant willfully refused to remove the personal information of a protected person.
As added by P.L.139-2026, SEC.1.
Source: official publisher (2026 edition)