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AI Summary
HB1360 allows Indiana public agencies to establish electronic portals for public records requests and mandates reporting of suspect requests to the public access counselor.
Business Impact
If you operate in Indiana, you must establish an electronic portal for public records requests by July 1, 2024, or face penalties.
What do these statuses mean? ▼
Introduced
— Filed in the legislature; not yet heard in committee
In Committee
— Assigned to and being reviewed by a legislative committee
Passed
— Approved by one or both chambers; awaiting further action
Signed / Enacted
— Signed into law by the governor; may or may not be in effect yet
Dead / Vetoed
— Vetoed, failed to pass, or session expired without action
Unknown
— Status data not yet available or awaiting classification
Affected Industries
What This Means
The bill permits Indiana public agencies to create electronic portals for public records requests, incorporating human verification, address verification, and tracking mechanisms for submissions suspected to be automated or from known phishing or data scraping sources. Agencies must report suspect requests to the public access counselor, whose responsibilities include identifying excessive and suspect requests and providing recommendations to the general assembly.
Key Provisions
- Section 1: Establishment of electronic portals with CAPTCHA and address verification.
- Section 2: Denial of requests duplicating discovery in ongoing litigation.
- Section 3: Automatic tracking and reporting of suspect requests to the public access counselor when suspected to be automated or from known phishing or data scraping sources.
- Section 4: Supplemental fees for non-resident requests.
- Section 5: Prioritization of requests from Indiana residents and those for civic, journalistic, academic, or personal use.
- Section 6: Public access counselor's annual report to include suspect request information and recommendations to the general assembly, which can establish procedural safeguards.
- Section 7: Agencies may decline requests that could expose systems to unauthorized access or jeopardize security, with mandatory reporting to the public access counselor.
Latest Legislative Action
Public Law 97
Full Legal Analysis
HB1360 authorizes public agencies to set up electronic portals for submitting public records requests. These portals must include CAPTCHA or similar technology to confirm that the requestor is human and verify the requestor's physical address. Public agencies may decline to respond to requests suspected of data scraping or phishing and are required to automatically track and report such suspect requests to the public access counselor when they are suspected to be automated or from known phishing or data scraping sources. Additionally, agencies can deny requests from parties involved in ongoing litigation if they duplicate discovery requests. Agencies may decline to respond to requests if responding electronically could expose systems to unauthorized access or jeopardize security and must report both the request and the reason for declining to respond to the public access counselor. The bill allows for supplemental fees for non-Indiana residents or out-of-state entities and prioritizes requests from Indiana residents and those for civic, journalistic, academic, or personal use. The public access counselor is required to take specified actions with regard to identifying excessive and suspect public records requests and must include this information and recommendations for statutory or administrative remedies in their annual report to the general assembly. The general assembly may establish reasonable and narrowly tailored procedural safeguards to preserve the integrity and availability of public agency resources.
Official Source
Official Bill Text
View HB1360 on official legislature website →
Affected Industries
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