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Indiana Code

Ind. Code § 5-14-3-2 (2026)

Definitions

✓ current as of May 2026
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     Sec. 2. (a) The definitions set forth in this section apply throughout this chapter.

     (b) "Copy" includes transcribing by handwriting, photocopying, xerography, duplicating machine, duplicating electronically stored data onto a disk, tape, drum, or any other medium of electronic data storage, and reproducing by any other means.

     (c) "Criminal intelligence information" means data that has been evaluated to determine that the data is relevant to:

(1) the identification of; and

(2) the criminal activity engaged in by;

an individual who or organization that is reasonably suspected of involvement in criminal activity.

     (d) "Direct cost" means one hundred five percent (105%) of the sum of the cost of:

(1) the initial development of a program, if any;

(2) the labor required to retrieve electronically stored data;

(3) the labor required to:

(A) obscure nondisclosable information; and

(B) perform an administrative review to determine if all nondisclosable information has been obscured;

in a law enforcement recording; and

(4) any medium used for electronic output;

for providing a duplicate of electronically stored data onto a disk, tape, drum, or other medium of electronic data retrieval under section 8(g) of this chapter, or for reprogramming a computer system under section 6(c) of this chapter. However, if the labor described in subdivision (3) is performed by an attorney, the cost under subdivision (3) may not exceed reasonable attorney's fees.

     (e) "Electronic map" means copyrighted data provided by a public agency from an electronic geographic information system.

     (f) "Enhanced access" means the inspection of a public record by a person other than a governmental entity and that:

(1) is by means of an electronic device other than an electronic device provided by a public agency in the office of the public agency; or

(2) requires the compilation or creation of a list or report that does not result in the permanent electronic storage of the information.

     (g) "Facsimile machine" means a machine that electronically transmits exact images through connection with a telephone network.

     (h) "Inspect" includes the right to do the following:

(1) Manually transcribe and make notes, abstracts, or memoranda.

(2) In the case of tape recordings or other aural public records, to listen and manually transcribe or duplicate, or make notes, abstracts, or other memoranda from them.

(3) In the case of public records available:

(A) by enhanced access under section 3.5 of this chapter; or

(B) to a governmental entity under section 3(c)(2) of this chapter;

to examine and copy the public records by use of an electronic device.

(4) In the case of electronically stored data, to manually transcribe and make notes, abstracts, or memoranda or to duplicate the data onto a disk, tape, drum, or any other medium of electronic storage.

     (i) "Investigatory record" means information compiled in the course of the investigation of a crime.

     (j) "Law enforcement activity" means:

(1) a traffic stop;

(2) a pedestrian stop;

(3) an arrest;

(4) a search;

(5) an investigation;

(6) a pursuit;

(7) crowd control;

(8) traffic control; or

(9) any other instance in which a law enforcement officer is enforcing the law.

The term does not include an administrative activity, including the completion of paperwork related to a law enforcement activity, or a custodial interrogation conducted in a place of detention as described in Indiana Evidence Rule 617, regardless of the ultimate admissibility of a statement made during the custodial interrogation.

     (k) "Law enforcement recording" means an audio, visual, or audiovisual recording of a law enforcement activity captured by a camera or other device that is:

(1) provided to or used by a law enforcement officer in the scope of the officer's duties; and

(2) designed to be worn by a law enforcement officer or attached to the vehicle or transportation of a law enforcement officer.

     (l) "Offender" means a person confined in a prison, county jail, detention facility, penal institution, or in a community corrections program as the result of the person's arrest or conviction for a crime.

     (m) "Patient" has the meaning set out in IC 16-18-2-272(d).

     (n) "Person" means an individual, a corporation, a limited liability company, a partnership, an unincorporated association, or a governmental entity.

     (o) "Private university police department" means the police officers appointed by the governing board of a private university under IC 21-17-5.

     (p) "Provider" has the meaning set out in IC 16-18-2-295(b) and includes employees of the Indiana department of health or local boards of health who create patient records at the request of another provider or who are social workers and create records concerning the family background of children who may need assistance.

     (q) "Public agency", except as provided in section 2.1 of this chapter, means the following:

(1) Any board, commission, department, division, bureau, committee, agency, office, instrumentality, or authority, by whatever name designated, exercising any part of the executive, administrative, judicial, or legislative power of the state.

(2) Any:

(A) county, township, school corporation, city, or town, or any board, commission, department, division, bureau, committee, office, instrumentality, or authority of any county, township, school corporation, city, or town;

(B) political subdivision (as defined by IC 36-1-2-13); or

(C) other entity, or any office thereof, by whatever name designated, exercising in a limited geographical area the executive, administrative, judicial, or legislative power of the state or a delegated local governmental power.

(3) Any entity or office that is subject to:

(A) budget review by either the department of local government finance or the governing body of a county, city, town, township, or school corporation; or

(B) an audit by the state board of accounts that is required by statute, rule, or regulation.

(4) Any building corporation of a political subdivision that issues bonds for the purpose of constructing public facilities.

(5) Any advisory commission, committee, or body created by statute, ordinance, or executive order to advise the governing body of a public agency, except medical staffs or the committees of any such staff.

(6) Any law enforcement agency, which means an agency or a department of any level of government that engages in the investigation, apprehension, arrest, or prosecution of alleged criminal offenders, such as the state police department, the police or sheriff's department of a political subdivision, prosecuting attorneys, members of the excise police division of the alcohol and tobacco commission, conservation officers of the department of natural resources, gaming agents of the Indiana gaming commission, gaming control officers of the Indiana gaming commission, and the security division of the state lottery commission.

(7) Any license branch operated under IC 9-14.1.

(8) The state lottery commission established by IC 4-30-3-1, including any department, division, or office of the commission.

(9) The Indiana gaming commission established under IC 4-33, including any department, division, or office of the commission.

(10) The Indiana horse racing commission established by IC 4-31, including any department, division, or office of the commission.

(11) A private university police department. The term does not include the governing board of a private university or any other department, division, board, entity, or office of a private university.

     (r) "Public record" means any writing, paper, report, study, map, photograph, book, card, tape recording, or other material that is created, received, retained, maintained, or filed by or with a public agency and which is generated on paper, paper substitutes, photographic media, chemically based media, magnetic or machine readable media, electronically stored data, or any other material, regardless of form or characteristics.

     (s) "Standard-sized documents" includes all documents that can be mechanically reproduced (without mechanical reduction) on paper sized eight and one-half (8 1/2) inches by eleven (11) inches or eight and one-half (8 1/2) inches by fourteen (14) inches.

     (t) "Trade secret" has the meaning set forth in IC 24-2-3-2.

     (u) "Work product of an attorney" means information compiled by an attorney in reasonable anticipation of litigation. The term includes the attorney's:

(1) notes and statements taken during interviews of prospective witnesses; and

(2) legal research or records, correspondence, reports, or memoranda to the extent that each contains the attorney's opinions, theories, or conclusions.

This definition does not restrict the application of any exception under section 4 of this chapter.

As added by P.L.19-1983, SEC.6. Amended by P.L.34-1984, SEC.1; P.L.54-1985, SEC.1; P.L.50-1986, SEC.1; P.L.42-1986, SEC.2; P.L.341-1989(ss), SEC.6; P.L.2-1991, SEC.29; P.L.2-1992, SEC.53; P.L.2-1993, SEC.49; P.L.58-1993, SEC.1; P.L.8-1993, SEC.57; P.L.277-1993(ss), SEC.128; P.L.1-1994, SEC.21; P.L.77-1995, SEC.2; P.L.50-1995, SEC.15; P.L.1-1999, SEC.6; P.L.256-1999, SEC.1; P.L.204-2001, SEC.12; P.L.90-2002, SEC.18; P.L.261-2003, SEC.5; P.L.2-2005, SEC.16; P.L.170-2005, SEC.17; P.L.1-2006, SEC.101; P.L.1-2007, SEC.28; P.L.179-2007, SEC.7; P.L.227-2007, SEC.57; P.L.3-2008, SEC.28; P.L.51-2008, SEC.1; P.L.248-2013, SEC.2; P.L.58-2016, SEC.1; P.L.198-2016, SEC.12; P.L.85-2017, SEC.11; P.L.217-2016, SEC.1; P.L.85-2017, SEC.12; P.L.64-2020, SEC.1; P.L.56-2023, SEC.38; P.L.64-2023, SEC.1.

 

Notes of Decisions
Cited in 39 cases (2 in the last 5 years), 1992–2025 · leading case: ESPN, Inc. & Paula Lavigne v. Univ. of Notre Dame Police Dep't, 62 N.E.3d 1192 (Ind. 2016).
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ESPN, Inc. & Paula Lavigne v. Univ. of Notre Dame Police Dep't, 62 N.E.3d 1192 (Ind. 2016). · cites it 15× “” See Ind. Code § 5-14-3-2 (o) (definition of “public record”); see also Ind.”
William Groth v. Mike Pence, as Governor of the State of Indiana, 67 N.E.3d 1104 (Ind. Ct. App. 2017). · cites it 19× “Also, we note that the 2016 version of Indiana Code Section 5-14-3-2 consists of two irreconcilable versions.”
Bobrow v. Bobrow, 810 N.E.2d 726 (Ind. Ct. App. 2004). · cites it 12× “Ind.Code § 5-14-3-2. This statute included "used" at the time of this litigation, but it was amended in 2003 to delete that word.”
John Lane-El v. Michael Spears, in his Off. capacity of Chief of Police, & the Indianapolis Police Dep't, 13 N.E.3d 859 (Ind. Ct. App. 2014). · cites it 16× “” I.C. § 5-14-3-2(Z )(6) (2006). 3 Neither party argues that the IPD does not qualify as a law enforcement agency.”
Perry Cnty. Dev. Corp. v. Kempf, 712 N.E.2d 1020 (Ind. Ct. App. 1999). · cites it 14× “Is PCDC a “public agency” as that term is defined in IC § 5-14-3-2 or IC § 5-14-1.5-2, therefore subjecting it to the Public Records Act? The Kempfs present the following restated issues upon cross-appeal: 2.”
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 § 5-14-3-2 (Burns Code Ed. Supp.”
Purdue Univ. v. Michael A. Wartell, 5 N.E.3d 797 (Ind. Ct. App. 2014). · cites it 4× “See I.C. § 5-14-3-2(n) [now(o) ]. It is immaterial what was alleged to have been communicated between the parties during the pendency of the investigation regarding whether the records would be subject to disclosure.”
Story Bed & Breakfast, LLP v. Brown Cnty. Area Plan Comm'n & Patricia N. March, 819 N.E.2d 55 (Ind. 2004). “§§ 5-14-3-2, 5-14-3-8 (1988). B & B never attempted to view these records, and B & B conceded in the trial court that it had no evidence that the Story PUD approval conditions were not available for inspection in the Plan Commission or Brown County Commissioner offices.”
ESPN, Inc. & Paula Lavigne v. Univ. of Notre Dame Sec. Police Dept., a Dept. of the Univ. of Notre Dame du Lac, 50 N.E.3d 385 (Ind. Ct. App. 2016). · cites it 8× “I.C. § 5-14-3-2(n). Accordingly, ESPN argues that the Police Department fits the definition of “public agency” because it: (1) is a law enforcement agency; (2) exercises the executive powers of the state; and (3) exercises a delegated “traditional” governmental power.”
Evansville Courier & Press & Rita Ward v. Vanderburgh Cnty. Health Dep't, 17 N.E.3d 922 (Ind. 2014). · cites it 4× “” Ind. Code § 5-14-3-2 (n). The Department, as a local health department, “operate[s] as an agency of local government administratively responsible to the appropriate county or city executive.”
KNIGHTSTOWN BANNER, LLC. v. Town of Knightstown, 838 N.E.2d 1127 (Ind. Ct. App. 2005). · cites it 2× “" I.C. § 5-14-3-2(m). In support of their respective arguments, both parties rely on APRA's language "created, received, retained, maintained, or filed by or with a public agency.”
Nat'l Collegiate Athletic Ass'n v. Associated Press, 18 So. 3d 1201 (Fla. 1st DCA 2009). “Code § 5-14-3-2(n); Illinois will include records that are "created, received, retained [or] maintained” by a public agency, see 5 ILCS 140/2 (West 2010); Maryland includes records "made by ... or received by the unit or instrumentality in connection with the transaction of…”
Show all 39 citing cases →
Ind. Code § 5-14-3-2(3): 1 case
Perry Cnty. Dev. Corp. v. Kempf, 712 N.E.2d 1020 (Ind. Ct. App. 1999). “Is PCDC a “public agency” as that term is defined in IC § 5-14-3-2 or IC § 5-14-1.5-2, therefore subjecting it to the Public Records Act? The Kempfs present the following restated issues upon cross-appeal: 2.”
Ind. Code § 5-14-3-2(3)(A): 1 case
Perry Cnty. Dev. Corp. v. Kempf, 712 N.E.2d 1020 (Ind. Ct. App. 1999). “Is PCDC a “public agency” as that term is defined in IC § 5-14-3-2 or IC § 5-14-1.5-2, therefore subjecting it to the Public Records Act? The Kempfs present the following restated issues upon cross-appeal: 2.”
Ind. Code § 5-14-3-2(8): 1 case
Indianapolis Newspapers v. Indiana State Lottery Comm'n, 739 N.E.2d 144 (Ind. Ct. App. 2000).
Ind. Code § 5-14-3-2(Z): 1 case
Evansville Courier & Press & Rita Ward v. Vanderburgh Cnty. Health Dep't, 17 N.E.3d 922 (Ind. 2014). “” Ind. Code § 5-14-3-2 (n). The Department, as a local health department, “operate[s] as an agency of local government administratively responsible to the appropriate county or city executive.”
Ind. Code § 5-14-3-2(h): 1 case
John Lane-El v. Michael Spears, in his Off. capacity of Chief of Police, & the Indianapolis Police Dep't, 13 N.E.3d 859 (Ind. Ct. App. 2014). “” I.C. § 5-14-3-2(Z )(6) (2006). 3 Neither party argues that the IPD does not qualify as a law enforcement agency.”
Ind. Code § 5-14-3-2(i): 2 cases
Kenneth Todd Scales v. Warrick Cnty. Sheriff's Dep't, 122 N.E.3d 866 (Ind. Ct. App. 2019).
Carroll Cnty. E911 v. Aishah Hasnie (Ind. Ct. App. 2020).
Ind. Code § 5-14-3-2(m): 6 cases
KNIGHTSTOWN BANNER, LLC. v. Town of Knightstown, 838 N.E.2d 1127 (Ind. Ct. App. 2005). “" I.C. § 5-14-3-2(m). In support of their respective arguments, both parties rely on APRA's language "created, received, retained, maintained, or filed by or with a public agency.”
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).
John Lane-El v. Michael Spears, in his Off. capacity of Chief of Police, & the Indianapolis Police Dep't, 13 N.E.3d 859 (Ind. Ct. App. 2014). “” I.C. § 5-14-3-2(Z )(6) (2006). 3 Neither party argues that the IPD does not qualify as a law enforcement agency.”
Knox Cnty. Council v. Sievers, 895 N.E.2d 1263 (Ind. Ct. App. 2008).
Shepherd Props. Co. v. Int'l Union of Painters & Allied Trades, Dist. Council 91, 950 N.E.2d 321 (Ind. Ct. App. 2011).
Ind. Code § 5-14-3-2(n): 5 cases
ESPN, Inc. & Paula Lavigne v. Univ. of Notre Dame Police Dep't, 62 N.E.3d 1192 (Ind. 2016). “” See Ind. Code § 5-14-3-2 (o) (definition of “public record”); see also Ind.”
Nat'l Collegiate Athletic Ass'n v. Associated Press, 18 So. 3d 1201 (Fla. 1st DCA 2009). “Code § 5-14-3-2(n); Illinois will include records that are "created, received, retained [or] maintained” by a public agency, see 5 ILCS 140/2 (West 2010); Maryland includes records "made by ... or received by the unit or instrumentality in connection with the transaction of…”
Purdue Univ. v. Michael A. Wartell, 5 N.E.3d 797 (Ind. Ct. App. 2014). “See I.C. § 5-14-3-2(n) [now(o) ]. It is immaterial what was alleged to have been communicated between the parties during the pendency of the investigation regarding whether the records would be subject to disclosure.”
ESPN, Inc. & Paula Lavigne v. Univ. of Notre Dame Sec. Police Dept., a Dept. of the Univ. of Notre Dame du Lac, 50 N.E.3d 385 (Ind. Ct. App. 2016). “I.C. § 5-14-3-2(n). Accordingly, ESPN argues that the Police Department fits the definition of “public agency” because it: (1) is a law enforcement agency; (2) exercises the executive powers of the state; and (3) exercises a delegated “traditional” governmental power.”
Evansville Courier & Press & Rita Ward v. Vanderburgh Cnty. Health Dep't, 993 N.E.2d 302 (Ind. Ct. App. 2013).
Ind. Code § 5-14-3-2(n)(1): 1 case
William Groth v. Mike Pence, as Governor of the State of Indiana, 67 N.E.3d 1104 (Ind. Ct. App. 2017). “Also, we note that the 2016 version of Indiana Code Section 5-14-3-2 consists of two irreconcilable versions.”
Ind. Code § 5-14-3-2(n)(2)(C): 1 case
ESPN, Inc. & Paula Lavigne v. Univ. of Notre Dame Police Dep't, 62 N.E.3d 1192 (Ind. 2016). “” See Ind. Code § 5-14-3-2 (o) (definition of “public record”); see also Ind.”
Ind. Code § 5-14-3-2(n)(6): 2 cases
ESPN, Inc. & Paula Lavigne v. Univ. of Notre Dame Police Dep't, 62 N.E.3d 1192 (Ind. 2016). “” See Ind. Code § 5-14-3-2 (o) (definition of “public record”); see also Ind.”
ESPN, Inc. & Paula Lavigne v. Univ. of Notre Dame Sec. Police Dept., a Dept. of the Univ. of Notre Dame du Lac, 50 N.E.3d 385 (Ind. Ct. App. 2016). “I.C. § 5-14-3-2(n). Accordingly, ESPN argues that the Police Department fits the definition of “public agency” because it: (1) is a law enforcement agency; (2) exercises the executive powers of the state; and (3) exercises a delegated “traditional” governmental power.”
Ind. Code § 5-14-3-2(n)(l): 2 cases
ESPN, Inc. & Paula Lavigne v. Univ. of Notre Dame Police Dep't, 62 N.E.3d 1192 (Ind. 2016). “” See Ind. Code § 5-14-3-2 (o) (definition of “public record”); see also Ind.”
William Groth v. Mike Pence, as Governor of the State of Indiana, 67 N.E.3d 1104 (Ind. Ct. App. 2017). “Also, we note that the 2016 version of Indiana Code Section 5-14-3-2 consists of two irreconcilable versions.”
Ind. Code § 5-14-3-2(o): 1 case
William Groth v. Mike Pence, as Governor of the State of Indiana, 67 N.E.3d 1104 (Ind. Ct. App. 2017). “Also, we note that the 2016 version of Indiana Code Section 5-14-3-2 consists of two irreconcilable versions.”
Ind. Code § 5-14-3-2(p): 1 case
Purdue Univ. v. Michael A. Wartell, 5 N.E.3d 797 (Ind. Ct. App. 2014). “See I.C. § 5-14-3-2(n) [now(o) ]. It is immaterial what was alleged to have been communicated between the parties during the pendency of the investigation regarding whether the records would be subject to disclosure.”
Ind. Code § 5-14-3-2(q)(2)(A): 1 case
David Heber v. Indianapolis Metro. Police Dep't, & City of Indianapolis Off. of Corp. Couns., 58 N.E.3d 995 (Ind. Ct. App. 2016).
Ind. Code § 5-14-3-2(q)(6): 3 cases
Kenneth Todd Scales v. Warrick Cnty. Sheriff's Dep't, 122 N.E.3d 866 (Ind. Ct. App. 2019).
David Heber v. Indianapolis Metro. Police Dep't, & City of Indianapolis Off. of Corp. Couns., 58 N.E.3d 995 (Ind. Ct. App. 2016).
Carroll Cnty. E911 v. Aishah Hasnie (Ind. Ct. App. 2020).
Ind. Code § 5-14-3-2(r): 2 cases
William Groth v. Mike Pence, as Governor of the State of Indiana, 67 N.E.3d 1104 (Ind. Ct. App. 2017). “Also, we note that the 2016 version of Indiana Code Section 5-14-3-2 consists of two irreconcilable versions.”
Risk Metrics Corp.. v. Indiana Comp. Rating Bureau & Indiana Worker's Comp. Bd., 85 N.E.3d 891 (Ind. Ct. App. 2017).
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