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>>SOUTHERN INDIANA —
Public access is a right protected by state law.
In Indiana, state code IC 5-14-3 ensures that the public will be able to access governmental records and IC 5-141.5 is an open door-protection allowing the public to attend governmental meetings.
A public record is defined as, “any writing, paper, report, study map, photograph, book, card, tape recording or other material that is ... filed with a public agency and which is generated on paper ... electronically stored data or any other material, regardless of form or characteristics.”
The definition of a public record was put together in a way in which it would be read as intentionally broad, said Steve Key, general counsel for the Hoosier State Press Association.
In addition to making the definition broad so the public would have access to a vast array of information, the individual making the request does not have to reveal the reason for doing so.
“No request may be denied because the person making the request refuses to state the purpose of the request, unless such a condition is required by other applicable statute,” Indiana code says.
Another layer of protection to keeping records open to the public is that the burden to say why an individual cannot have a specific record or attend a certain meeting is on the governmental agency.
“The court shall determine the matter ... with the burden of proof on the public agency to sustain its denial,” Indiana code says.
When denying a public records request, the agency disallowing access must also state why they will not turn over the documents by citing a statutory exemption.
“A public agency may deny the request if the denial is in writing of by facsimile; and a statement of the specific exemption or exemptions authorizing the withholding of all or part of the public record,” Indiana code says.
But, of course, not everything is considered open to the public. There are exceptions to what information the public can obtain.
Confidential records — deemed as such through federal or state law — records containing trade secrets, personnel files, research documents, grade transcripts and medical records, among several other exceptions, are the types of records that are not considered public record.
