Sec. 3.5. (a) As used in this section, "state agency" has the meaning set forth in IC 4-13-1-1. The term does not include the office of the following elected state officials:
(1) Secretary of state.
(2) Auditor.
(3) Treasurer.
(4) Attorney general.
However, each state office described in subdivisions (1) through (4) and the judicial department of state government may use the computer gateway administered by the office of technology established by IC 4-13.1-2-1, subject to the requirements of this section.
(b) As an additional means of inspecting and copying public records, a state agency may provide enhanced access to public records maintained by the state agency.
(c) If the state agency has entered into a contract with a third party under which the state agency provides enhanced access to the person through the third party's computer gateway or otherwise, all of the following apply to the contract:
(1) The contract between the state agency and the third party must provide for the protection of public records in accordance with subsection (d).
(2) The contract between the state agency and the third party may provide for the payment of a reasonable fee to the state agency by either:
(A) the third party; or
(B) the person.
(d) A contract required by this section must provide that the person and the third party will not engage in the following:
(1) Unauthorized enhanced access to public records.
(2) Unauthorized alteration of public records.
(3) Disclosure of confidential public records.
(e) A state agency shall provide enhanced access to public records only through the computer gateway administered by the office of technology.
As added by P.L.58-1993, SEC.3. Amended by P.L.77-1995, SEC.4; P.L.19-1997, SEC.2; P.L.14-2004, SEC.183; P.L.177-2005, SEC.15; P.L.219-2017, SEC.13; P.L.8-2019, SEC.13; P.L.43-2021, SEC.29.
Structure Indiana Code
Title 5. State and Local Administration
Article 14. Public Records and Public Meetings
Chapter 3. Access to Public Records
5-14-3-1. Public Policy; Construction; Burden of Proof for Nondisclosure
5-14-3-2.1. "Public Agency"; Certain Providers Exempted
5-14-3-2.2. Private University Police Department Records
5-14-3-3.6. Public Agencies; Enhanced Access to Public Records; Office of Technology
5-14-3-4. Records and Recordings Exempted From Disclosure; Time Limitations; Destruction of Records
5-14-3-4.3. Job Title or Job Descriptions of Law Enforcement Officers
5-14-3-4.7. Negotiation Records; Final Offers; Certification of Final Offer Disclosure
5-14-3-5.2. Exemptions to Right of Inspection; Court Orders Permitting Inspection
5-14-3-5.3. Retention of Law Enforcement Recordings
5-14-3-5.5. Sealing Certain Records by Court; Hearing; Notice
5-14-3-6. Partially Disclosable Records; Computer or Microfilm Record Systems; Fees
5-14-3-6.5. Confidentiality of Public Record
5-14-3-7. Protection Against Loss, Alteration, Destruction, and Unauthorized Enhanced Access
5-14-3-8.3. Enhanced Access Fund; Establishment by Ordinance; Purpose
5-14-3-8.5. Electronic Map Generation Fund; Establishment by Ordinance; Purpose
5-14-3-9.5. Civil Penalties Imposed on Public Agency, Officer, or Management Level Employee