Ind. Code § 4-1-6-8.6
Requests for access to confidential records; improper disclosure; actions
Redline — January 1, 2018 → current.View current text →
Current — January 1, 2023
As of January 1, 2018
Sec. 8.6. (a) In cases where access to confidential records containing personal information is desired for research purposes, the agency shall grant access if:
Sec. 8.6. (a) Except as prohibited under any applicable federal law, in cases where access to confidential records containing personal information is desired by a researcher for research purposes, the agency shall grant access if:
(1) the requestor states in writing to the agency the purpose, including any intent to publish findings, the nature of the data sought, what personal information will be required, and what safeguards will be taken to protect the identity of the data subjects;
(1) the researcher states in writing to the agency the purpose, including any intent to publish findings, the nature of the data sought, what personal information will be required, and what safeguards, including reasonable de-identification methods, will be taken to protect the identity of the data subjects;
(2) the proposed safeguards are adequate to prevent the identity of an individual data subject from being known;
(2) the proposed safeguards are determined by the agency to be adequate to prevent the identity of an individual data subject from being known;
(3) the researcher executes an agreement on a form, approved by the oversight committee on public records, with the agency, which incorporates such safeguards for protection of individual data subjects, defines the scope of the research project, and informs the researcher that failure to abide by conditions of the approved agreement constitutes a breach of contract and could result in civil litigation by the data subject or subjects;
(3) the researcher executes a data sharing agreement or similar agreement with the agency that is approved by the management performance hub established by IC 4-3-26-8, which incorporates such safeguards for protection of individual data subjects, defines the scope of the research project, and informs the researcher that failure to abide by conditions of the approved agreement constitutes a breach of contract, could result in the researcher not obtaining further records from the agency, and could result in civil litigation by the data subject or subjects;
(4) the researcher agrees to pay all direct or indirect costs of the research; and
(4) the researcher agrees to pay all direct or indirect costs of the research; and
(5) the agency maintains a copy of the agreement or contract for a period equivalent to the life of the record.
(5) the agency maintains a copy of the agreement or contract for a period equivalent to the life of the record.
(b) Improper disclosure of confidential information by a state employee is cause for action to dismiss the employee.
(b) Improper disclosure of confidential information by a state employee is cause for action to dismiss the employee.
Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.