Indiana Code

Ind. Code § 5-14-3-3 (2026)

Right to inspect and copy public agency records or recordings; electronic data storage; use of information for commercial purposes; contracts

✓ current as of May 2026

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Sec. 3. (a) Any person may inspect and copy the public records of any public agency during the regular business hours of the agency, except as provided in section 4 of this chapter. A request for inspection or copying must:

(1) identify with reasonable particularity the record being requested; and

(2) be, at the discretion of the agency, in writing on or in a form provided by the agency.

No request may be denied because the person making the request refuses to state the purpose of the request, unless such condition is required by other applicable statute. If a request is for inspection or copying of a law enforcement recording, the request must provide the information required under subsection (i).

(b) A public agency may not deny or interfere with the exercise of the right stated in subsection (a). If the public agency does not deny the request, within a reasonable time after the request is received by the agency the public agency shall either:

(1) provide the requested copies to the person making the request; or

(2) allow the person to make copies:

(A) on the agency's equipment; or

(B) on the person's own equipment.

(1) In accordance with a contract described in section 3.5 of this chapter, permit a person to inspect and copy through the use of enhanced access public records containing information owned by or entrusted to the public agency.

(2) Permit a governmental entity to use an electronic device to inspect and copy public records containing information owned by or entrusted to the public agency.

(d) Except as provided in subsection (e) and subject to subsection (j), a public agency that maintains or contracts for the maintenance of public records in an electronic data storage system shall make reasonable efforts to provide to a person making a request a copy of all disclosable data contained in the records on paper, disk, tape, drum, or any other method of electronic retrieval if the medium requested is compatible with the agency's data storage system. This subsection does not apply to an electronic map.

(e) A state agency may adopt a rule under IC 4-22-2, and a political subdivision may enact an ordinance, prescribing the conditions under which a person who receives information on disk or tape under subsection (d) may or may not use the information for commercial purposes, including to sell, advertise, or solicit the purchase of merchandise, goods, or services, or sell, loan, give away, or otherwise deliver the information obtained by the request to any other person for these purposes. Use of information received under subsection (d) in connection with the preparation or publication of news, for nonprofit activities, or for academic research is not prohibited. A person who uses information in a manner contrary to a rule or ordinance adopted under this subsection may be prohibited by the state agency or political subdivision from obtaining a copy or any further data under subsection (d).

(f) Notwithstanding the other provisions of this section, a public agency is not required to create or provide copies of lists of names and addresses (including electronic mail account addresses) unless the public agency is required to publish such lists and disseminate them to the public under a statute. However, if a public agency has created a list of names and addresses (excluding electronic mail account addresses), it must permit a person to inspect and make memoranda abstracts from the list unless access to the list is prohibited by law. The lists of names and addresses (including electronic mail account addresses) described in subdivisions (1) through (3) may not be disclosed by public agencies to any individual or entity for political purposes and may not be used by any individual or entity for political purposes. In addition, the lists of names and addresses (including electronic mail account addresses) described in subdivisions (1) through (3) may not be disclosed by public agencies to commercial entities for commercial purposes and may not be used by commercial entities for commercial purposes. The prohibition in this subsection against the disclosure of lists for political or commercial purposes applies to the following lists of names and addresses (including electronic mail account addresses):

(1) A list of employees of a public agency.

(2) A list of persons attending conferences or meetings at a state educational institution or of persons involved in programs or activities conducted or supervised by the state educational institution.

(3) A list of students who are enrolled in a public school corporation if the governing body of the public school corporation adopts a policy:

(A) with respect to disclosure related to a commercial purpose, prohibiting the disclosure of the list to commercial entities for commercial purposes;

(B) with respect to disclosure related to a commercial purpose, specifying the classes or categories of commercial entities to which the list may not be disclosed or by which the list may not be used for commercial purposes; or

(C) with respect to disclosure related to a political purpose, prohibiting the disclosure of the list to individuals and entities for political purposes.

A policy adopted under subdivision (3)(A) or (3)(B) must be uniform and may not discriminate among similarly situated commercial entities. For purposes of this subsection, "political purposes" means influencing the election of a candidate for federal, state, legislative, local, or school board office or the outcome of a public question or attempting to solicit a contribution to influence the election of a candidate for federal, state, legislative, local, or school board office or the outcome of a public question.

(g) A public agency may not enter into or renew a contract or an obligation:

(1) for the storage or copying of public records; or

(2) that requires the public to obtain a license or pay copyright royalties for obtaining the right to inspect and copy the records unless otherwise provided by applicable statute;

if the contract, obligation, license, or copyright unreasonably impairs the right of the public to inspect and copy the agency's public records.

(h) If this section conflicts with IC 3-7, the provisions of IC 3-7 apply.

(i) A request to inspect or copy a law enforcement recording must be in writing. A request identifies a law enforcement recording with reasonable particularity as required by this section only if the request provides the following information regarding the law enforcement activity depicted in the recording:

(1) The date and approximate time of the law enforcement activity.

(2) The specific location where the law enforcement activity occurred.

(3) The name of at least one (1) individual, other than a law enforcement officer, who was directly involved in the law enforcement activity.

(j) This subsection applies to a public record that is in an electronic format. This subsection does not apply to a public record recorded in the office of the county recorder. A public agency shall provide an electronic copy or a paper copy of a public record, at the option of the person making the request for the public record. This subsection does not require a public agency to change the format of a public record.

As added by P.L.19-1983, SEC.6. Amended by P.L.54-1985, SEC.2; P.L.51-1986, SEC.1; P.L.58-1993, SEC.2; P.L.77-1995, SEC.3; P.L.173-2003, SEC.4 and P.L.261-2003, SEC.6; P.L.22-2006, SEC.1; P.L.1-2007, SEC.29; P.L.2-2007, SEC.100; P.L.134-2012, SEC.17; P.L.58-2016, SEC.2; P.L.171-2018, SEC.2; P.L.64-2023, SEC.2.

Notes of Decisions

Cited in 47 cases (4 in the last 5 years), 1988–2025 · leading case: William Groth v. Mike Pence, as Governor of the State of Indiana, 67 N.E.3d 1104 (Ind. Ct. App. 2017).

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William Groth v. Mike Pence, as Governor of the State of Indiana, 67 N.E.3d 1104 (Ind. Ct. App. 2017). · cites it 8× “” Ind. Code § 5-14-3-3 (a). . . . *** The determinative issue in relation to justiciability arises instead under Defendants’ assertion that even if APRA is applicable, the requested documents are exempt from disclosure under APRA.”

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× “” Ind. Code § 5-14-3-3 (a). The threshold question is whether APRA applies to the General Assembly and its members.”

Indiana State High. Comm'n v. Morris, 528 N.E.2d 468 (Ind. 1988). · cites it 4× “Ind. Code § 5-14-3-3 (a) (Burns 1987 Repl.”

City of Elkhart v. Agenda: Open Gov't, Inc., 683 N.E.2d 622 (Ind. Ct. App. 1997). · cites it 4× “Agenda’s complaint alleged that the City improperly denied Agenda access to City records which are open to public inspection pursuant to Indiana Code § 5-14-3-3. Agenda sought an order compelling the City to disclose the requested records.”

Unincorporated Operating Div. of Indiana Newspapers, Inc. v. Trs. of Indiana Univ., 787 N.E.2d 893 (Ind. Ct. App. 2003). · cites it 2× “" 7 Ind.Code § 5-14-3-3(a) (Burns Code Ed. Repl.”

Bobrow v. Bobrow, 810 N.E.2d 726 (Ind. Ct. App. 2004). · cites it 4× “" Ind.Code § 5-14-3-3(a). Section 4, in turn, sets forth numerous exceptions to the disclosure requirement of section 3.”

Jackson v. Brinker, 147 F.R.D. 189 (S.D. Ind. 1993). · cites it 3× “is section 3’s mandate that “[a]ny person may inspect and copy the public records of any public agency____” Ind. Code Ann. § 5-14-3-3 . Section 4 of the act then exempts enumerated records.”

Hoagland v. Town of Clear Lake, Indiana, 344 F. Supp. 2d 1150 (N.D. Ind. 2004). · cites it 4× “Code § 5-14-3-2, so Hoagland (like every other person) has a statutory right to inspect and copy them at any time during business hours, Ind.Code § 5-14-3-3. Hoagland fails to explain why he did not exercise this right; he instead offers the conclusory allegation that he “could…”

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 4× “Section 4, in turn, exempts certain public records from the APRA’s disclosure requirements; 4(a) delineates records that “may not be disclosed,” and 4(b) delineates records that an agency may disclose at its “discretion.” I.C. § 5-14-3^4 (emphasis added).”

Laudig v. Marion Cnty. Bd. of Voters Reg., 585 N.E.2d 700 (Ind. Ct. App. 1992). · cites it 6× “I.C. § 5-14-3-3: (a) Any person may inspect and copy the public records of any public agency during the regular business hours of the agency, except as provided in section 4 of this chapter.”

Smith v. Maximum Control Facility, 850 N.E.2d 476 (Ind. Ct. App. 2006). · cites it 2× “Indiana Code § 5-14-3-3(a) provides that "[almny person may inspect and copy the public records of any public agency during the regular business hours of the agency, exeept as provided in section 4 of this chapter.”

Evansville Courier & Press & Rita Ward v. Vanderburgh Cnty. Health Dep't, 17 N.E.3d 922 (Ind. 2014). · cites it 4× “3 But the Department contends death certificates are not “public records” pursuant to Indiana Code section 5-14-3-3 but rather confidential records pursuant to Indiana Code section 5 — 14—3—4(a)(1), which exempts from disclosure any records “declared confidential by state…”

Show all 47 citing cases →

— Ind. Code § 5-14-3-3(a) — 20 cases

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). “” Ind. Code § 5-14-3-3 (a). The threshold question is whether APRA applies to the General Assembly and its members.”

Unincorporated Operating Div. of Indiana Newspapers, Inc. v. Trs. of Indiana Univ., 787 N.E.2d 893 (Ind. Ct. App. 2003). “" 7 Ind.Code § 5-14-3-3(a) (Burns Code Ed. Repl.”

Indiana State High. Comm'n v. Morris, 528 N.E.2d 468 (Ind. 1988). “Ind. Code § 5-14-3-3 (a) (Burns 1987 Repl.”

Bobrow v. Bobrow, 810 N.E.2d 726 (Ind. Ct. App. 2004). “" Ind.Code § 5-14-3-3(a). Section 4, in turn, sets forth numerous exceptions to the disclosure requirement of section 3.”

Smith v. Maximum Control Facility, 850 N.E.2d 476 (Ind. Ct. App. 2006). “Indiana Code § 5-14-3-3(a) provides that "[almny person may inspect and copy the public records of any public agency during the regular business hours of the agency, exeept as provided in section 4 of this chapter.”

— Ind. Code § 5-14-3-3(a)(1) — 1 case

Seth Anderson v. Huntington Cnty. Bd. of Commissioners, 983 N.E.2d 613 (Ind. Ct. App. 2013).

— Ind. Code § 5-14-3-3(a)(l) — 1 case

Michael R. Jent v. Fort Wayne Police Dep't, 973 N.E.2d 30 (Ind. Ct. App. 2012).

— Ind. Code § 5-14-3-3(b) — 1 case

Park v. City of Carmel, 99 F. Supp. 3d 872 (S.D. Ind. 2015).

— Ind. Code § 5-14-3-3(c) — 2 cases

Laudig v. Marion Cnty. Bd. of Voters Reg., 585 N.E.2d 700 (Ind. Ct. App. 1992). “I.C. § 5-14-3-3: (a) Any person may inspect and copy the public records of any public agency during the regular business hours of the agency, except as provided in section 4 of this chapter.”

Laudig v. Marion Cty. Bd. of Voters Reg., 585 N.E.2d 700 (Ind. Ct. App. 1992).

— Ind. Code § 5-14-3-3(e) — 1 case

Whitaker v. Appriss, Inc., 229 F. Supp. 3d 809 (N.D. Ind. 2017).

— Ind. Code § 5-14-3-3(g) — 2 cases

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).

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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