Indiana FOIA procedures
| Indiana FOIA procedures |
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| FOIA laws in Indiana |
| Freedom of Information Act |
| Court cases with an impact on state FOIA |
| FOIA procedures by state |
Each state has laws governing public access to governmental records. These laws are sometimes known as open records laws, public records laws, or FOIA laws after the federal Freedom of Information Act. These FOIA laws define the procedures that people can use to obtain access to these records.
This article describes FOIA procedures in Indiana as of May 2025. On this page you will find:
- How to request public records
- Who may request public records
- Fees associated with public records requests
- Required response times for requests
- Exemptions to public records requests
How to request public records in Indiana
The Indiana Access to Public Records Act, found in Indiana Code 5-14-3-3, says the following:[1]
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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.[2] |
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Purpose and use
The Indiana Access to Public Records Act does not require a statement of purpose or restrict the use of records. According to Indiana Code 5-14-3-3:[1]
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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).[2] |
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Who may request public records?
Any person may request public records in Indiana. According to the office of the public access counselor:[3]
| “ | The explicit policy statement and statutory language of the APRA permit all persons access to public records. A “person” includes individuals as well as corporations, limited liability companies, partnerships, associations and governmental entities.[2] | ” |
Indiana is among 42 states that do not require individuals requesting public records to be state residents.
Fees
- See also: How much do public records cost?
Indiana law allows certain fees to be charged for responding to public records requests. According to the office of the public access counselor:[4]
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The APRA provides that a public agency cannot charge for inspection or a search for records unless it is authorized to do so by statute. For copies of records from a state agency, the state Department of Administration has established a copying fee for agencies under the executive branch of $.10 per page for black and white copies or $.25 per page for color copies. A public agency may require that the payment for copying costs be made in advance. The state judicial and legislative branches set their own fees. For non-state agencies covered by the APRA, the fiscal body of the agency is required to establish a fee schedule for the certification or copying of documents that does not exceed the actual cost of certification or copying. The fee for copying documents may not exceed the greater of $.10 for black and white copies, $.25 for color copies, or the actual cost to the agency in copying the document. “Actual cost” is defined as the cost of the paper plus the per-page cost of use of the copying and may not include labor and overhead. The fee for certification of documents may not exceed $5.00 per document. All fees must be uniform to all purchasers. Copies of public records may also be provided in other forms. For a duplicate of a computer tape, disc, microfilm, law enforcement recording, or similar record system containing public records, an agency may charge a fee as prescribed by statute. I.C. § 5-14-3-8(g). The fee for a copy of a law enforcement recording may not exceed $150. I.C. § 5-14-3-8(g)(1). An agency may also provide enhanced access to a public record and charge a reasonable fee under the provisions governing enhanced access, I.C. § 5-14-3-3.5 and I.C. § 5-14-3-3.6.[2] |
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Response time
- See also: Request response times by state
Indiana law allows public entities 24 hours to respond to requests made in person or over the phone and seven days to respond to requests made by mail, fax, or email. According to the office of the public access counselor:[5]
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If a requestor is physically present in the office of the public agency or makes a request by telephone or requests enhanced access to a document, the public agency must respond to the request within 24 hours after any employee of the agency receives the request. If a request is mailed or sent by facsimile or email, a public agency must respond within seven calendar days of the receipt of that request. The APRA requires only a response and not the actual production of records within this specified time period. The APRA requires that all records must be produced in a reasonable period of time, considering the facts and circumstances.[2] |
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As of May 2025, 11 states had no mandated response time. Of the 39 states with response time limits, 12 allow agencies to extend response times in certain cases, while 27 allow no exceptions. Eight states required responses in three days or fewer, 11 in five days or fewer, 13 in 10 days or fewer, and seven in 20 days or fewer.
Exemptions
Exemptions to the Indiana Access to Public Records Act are outlined in Indiana Code 5-14-3-4.
See also
External links
- Indiana Code
- Indiana Archives and Records Administration
- Office of the Public Access Counselor - Handbook on Indiana’s Public Access Laws
Footnotes
- ↑ 1.0 1.1 Indiana General Assembly, "Indiana Code 2024," accessed May 7, 2025 (Sec. 5-14-3-3)
- ↑ 2.0 2.1 2.2 2.3 2.4 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Office of the Public Access Counselor, "Handbook on Indiana’s Public Access Laws," accessed May 7, 2025 (page 27)
- ↑ Office of the Public Access Counselor, "Handbook on Indiana’s Public Access Laws," accessed May 7, 2025 (page 31)
- ↑ Office of the Public Access Counselor, "Handbook on Indiana’s Public Access Laws," accessed May 7, 2025(pages 30-31)
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