Indiana Code

Ind. Code § 5-14-3-1 (2026)

Public policy; construction; burden of proof for nondisclosure

✓ current as of May 2026
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     Sec. 1. A fundamental philosophy of the American constitutional form of representative government is that government is the servant of the people and not their master. Accordingly, it is the public policy of the state that all persons are entitled to full and complete information regarding the affairs of government and the official acts of those who represent them as public officials and employees. Providing persons with the information is an essential function of a representative government and an integral part of the routine duties of public officials and employees, whose duty it is to provide the information. This chapter shall be liberally construed to implement this policy and place the burden of proof for the nondisclosure of a public record on the public agency that would deny access to the record and not on the person seeking to inspect and copy the record.

As added by P.L.19-1983, SEC.6. Amended by P.L.77-1995, SEC.1.

 

Notes of Decisions
Cited in 64 cases (8 in the last 5 years), 1986–2026 · leading case: ESPN, Inc. & Paula Lavigne v. Univ. of Notre Dame Police Dep't, 62 N.E.3d 1192 (Ind. 2016).
ESPN, Inc. & Paula Lavigne v. Univ. of Notre Dame Police Dep't, 62 N.E.3d 1192 (Ind. 2016). · cites it 6× “” Ind.Code § 5-14-3-1 (emphasis added). The legislature has explicitly indicated APRA is to be “liberally construed,” with the burden for nondisclosure on the “public agency” denying access.”
William Groth v. Mike Pence, as Governor of the State of Indiana, 67 N.E.3d 1104 (Ind. Ct. App. 2017). · cites it 12× “” Ind. Code § 5-14-3-1 Court of Appeals of Indiana | Opinion 49A04-1605-PL-1116 | January 9, 2017 Page 1 of 41 (Supp.”
Shepherd Props. Co., d/b/a Shepco Com. Finishes v. Int'l Union of Painters & Allied Trades, Dist. Council 91, 972 N.E.2d 845 (Ind. 2012). · cites it 8× “” Ind.Code § 5-14-3-1. Accordingly, the APRA requires a “public agency” to disclose its “public records” upon the request of any person.”
Citizens Action Coalition of Indiana, Energy Policy Inst., & Common Cause of Indiana v. Eric Koch, & Indiana House Repub. Caucus, 51 N.E.3d 236 (Ind. 2016). · cites it 4× “Facts and Procedural History The Energy and Policy Institute, a pro-clean energy think tank, made three separate requests to Indiana House Representative Eric Koch under the Indiana Access to Public Records Act (APRA), located at Indiana Code section 5-14-3-1, et. seq. These…”
Kentner v. Indiana Pub. Employers' Plan, Inc., 852 N.E.2d 565 (Ind. Ct. App. 2006). · cites it 6× “Ind.Code § 5-14-3-1. Section 3 of APRA goes on to provide that "Any person may inspect and copy the public records of any public agency.”
Bobrow v. Bobrow, 810 N.E.2d 726 (Ind. Ct. App. 2004). · cites it 8× “Instead, this appeal involves parties who intervened in the dissolution proceedings to address the key issue of whether the Indiana Access to Public Records Act, Indiana Code §§ 5-14-3-1 to -10 ("the Public Records Act" or "the Act"), permits a trial court to seal public records…”
City of Elkhart v. Agenda: Open Gov't, Inc., 683 N.E.2d 622 (Ind. Ct. App. 1997). · cites it 4× “See Ind.Code § 5-14-3-1; Evansville Courier v.”
Indianapolis Newspapers v. Indiana State Lottery Comm'n, 739 N.E.2d 144 (Ind. Ct. App. 2000). · cites it 7× “Ind.Code §§ 5-14-3-1, -9(e). Thus, had this case proceeded in the sequence contemplated by the statute, after the Lottery denied the Star’s request pursuant to the APRA, the Star would have filed an action to compel release of the information, the Lottery would have notified the…”
Angelopoulos v. Angelopoulos, 2 N.E.3d 688 (Ind. Ct. App. 2013). · cites it 2× “" Ind.Code § 5-14-3-1. Likewise, this Court has adopted rules on public access to court records, "taking into account public policy interests that are not always fully compatible with unrestricted access.”
Journal-Gazette Co. v. Bandido's, Inc., 712 N.E.2d 446 (Ind. 1999). · cites it 2× “The court ordered the Fort Wayne — Allen County Board of Public Health to disclose all records dealing with the inspection of Allen County restaurants and food establishments because such records were public records within the meaning of Ind.Code § 5-14-3-1 et. seq. (R. at 17Ó2.”
Unincorporated Operating Div. of Indiana Newspapers, Inc. v. Trs. of Indiana Univ., 787 N.E.2d 893 (Ind. Ct. App. 2003). · cites it 2× “See Ind.Code §§ 5-14-3-1 through 5-14-3-10. 3 .”
Jackson v. Brinker, 147 F.R.D. 189 (S.D. Ind. 1993). · cites it 4× “”), Ind.Code Ann. § 5-14-3-1 et seq. (Burns 1987), also prohibits release of the plaintiffs medical records without a court order.”
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