Indiana agencies may screen and prioritize public records requests

Public agencies may use request portals and refuse certain records requests. These rules apply to public agencies handling public records requests. A portal may use a human-check, verify a requester's physical address, show whether the requester lives in Indiana, and track suspected automated or harmful requests. An agency may refuse a request it suspects involves data scraping or phishing, or if it suspects an electronic response could threaten its systems or data. After refusing a request for one of these reasons, the agency must notify the public access counselor and explain why within seven days. These provisions take effect July 1, 2026. An agency must notify the counselor within seven days after refusing a request.

Public agencies may prioritize some requests and charge or delay certain out-of-state requests. These provisions apply to public records requests handled by public agencies. Agencies may prioritize Indiana residents and requests for civic, journalistic, academic, or personal use. Extra fees for requests from nonresidents or out-of-state entities must reasonably relate to the cost and may not exceed 25 cents per page or $25 per hour of staff time. Agencies may waive the fee if they find the request serves the public interest. Requests identified as coming from out-of-state entities or automated systems may be delayed as needed to prevent disruption of core agency work. These provisions take effect July 1, 2026.

Public agencies must report suspected requests, and the public access counselor must track and report request patterns. These duties apply to public agencies and the public access counselor. Agencies must report requests they suspect are automated or involve data scraping or phishing through a reporting method set by the counselor. The counselor must track request volume and patterns and include request summaries and recommendations in an annual report. These provisions take effect July 1, 2026. The counselor's report is due by June 30 each year and covers the previous year.