Indiana Access to Public
Records Act (APRA) Training
INDIANA UNIVERSITY
OFFICE OF THE VICE PRESIDENT AND
GENERAL COUNSEL
Fundamental Purpose of APRA
 “…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.”
-IC 5-14-3-1
Scope of APRA
 APRA gives any person the right to inspect and copy
IU’s public records (IC 5-14-3-3).
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“Public record” is defined as 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.”
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NOTE: E-mails that are sent or received on an IU server (including
those forwarded to an IU account from another account) or
printed and stored physically at IU, irrespective of subject matter,
are subject to APRA.
Process for Handling APRA Requests
 Responses are handled by the Office of the Vice President & General
Counsel
 Written request?

Must respond within 7 calendar days of receipt. APRA requires only a response and not the
actual production of records within this specified time period.
 Request in person?

Must respond to request within 24 hours. Again, APRA requires only a response and not the
actual production of records within this specified time period.
 Requests must identify the record being requested with reasonable
particularity.
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For example, a request for “all documents regarding the Indiana Memorial Union” is not
reasonably particular. IU may ask the requesting party to narrow the request by specifying
the subject matter and, if relevant, dates so as to identify what is sought.
 Note: IU may not ask the requesting party to indicate his/her purpose for
the records.
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However, if the record being requested is a list of names and addresses, the requesting party
may not use such a record for commercial or political use. IU has the requestor sign an
Affidavit of Noncommercial and Nonpolitical Use in such cases.
Key Exceptions to APRA:
What does not have to be produced?
 Deliberative or advisory materials used for decision-making purposes
 Personnel Files
Except for:
 Name, compensation, job title, job description, education & training
background, work experience, and dates of first & last employment
 Info relating to status of formal charges against employee
 The factual basis for a disciplinary action in which final action has been taken
and that resulted in the employee being suspended, demoted or terminated
Material required to be kept confidential by state statute or federal law
 FERPA
Records containing trade secrets
Grade transcripts and license examination scores
Investigatory records of a police agency
Records concerning research
Records that are attorney-client privileged
Other exceptions can be found in IC 5-14-3-4
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Denying a Request
 If denying a request or certain records under a
request, state the reason for the denial and cite to the
relevant statutory authority.
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Sometimes requests will contain both disclosable and
nondisclosable information. The information that is
disclosable must be separated and made available for
inspection and copying.
 IU will bear the burden of proving that the records
are excepted from disclosure under APRA or any
other applicable authority.
Process for Enforcement
 APRA is enforced through the Indiana Public Access
Counselor (PAC). IU must cooperate with the PAC in
any investigation or proceeding.
 PAC Authority:

Advise
Respond to informal inquiries
 Issue advisory opinions
 Make recommendations to General Assembly on ways to improve
access
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Educate
Train public officials & educate members of the public
 Conduct research
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Consequences of Inappropriate Denials
 A requesting party who feels that IU was wrong in
denying his/her request may file a lawsuit to compel
IU to permit inspection and copying.
 Attorneys fees, court costs, and reasonable expenses
of litigation may be awarded to the prevailing party.

But the plaintiff must first seek and receive PAC advisory
opinion or informal inquiry response.
APRA Requests Compared
to Litigation Discovery
 Generally, only records that are protected by attorney-client
privilege are exempt from production in litigation discovery.
 This means that almost any document or material, so long as it is
not privileged and is relevant to the subject matter involved, could
be discoverable, even documents that could be withheld under
APRA.
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The broad scope of discovery can include records stored on personal or work
computers, messages from both personal and work-related email accounts, and
text messages or voicemails on personal or work phones.
 When you discuss sensitive information in electronic
communications, you should be aware of the circumstances in
which your communications might be subject to open records
requests and/or discovery in litigation, even when the
communications are sent from personal electronic devices or
personal email accounts.
Questions?
 Do you have any questions?
 If you receive an inquiry from someone who is
interested in submitting an open records request,
you can direct the requester to the form on the
OVPGC website.