§ 35.17  DEFINITIONS.
   (A)   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      COPY. Includes transcribing by hand- writing, photocopying, xerography, duplicating machine, duplicating electronically stored data onto a disk, tape, drum or any other medium of electronic data storage, and reproducing by any other means.
      DIRECT COST. One hundred and five percent of the sum of the cost of:
         (a)   The initial development of a program, if any;
         (b)   The labor required to retrieve electronically stored data; and
         (c)   Any medium used for electronic output, for providing a duplicate of electronically stored data onto a disk, tape, drum or other medium of electronic data retrieval under I.C. 5-14-3-8(g), or for reprogramming a computer system under I.C. 5-14-3-6(c).
      ELECTRONIC MAP. Copyrighted data provided by a public agency from an electronic geographic information system.
      ENHANCED ACCESS. The inspection of a public record by a person other than a governmental entity and that:
         (a)   Is by means of an electronic device other than an electronic device provided by a public agency in the office of the public agency; or
         (b)   Requires the compilation or creation of a list or report that does not result in the permanent electronic storage of the information.
      FACSIMILE MACHINE. A machine that electronically transmits exact images through connection with a telephone network.
      INSPECT. Includes the right to do the following:
         (a)   Manually transcribe and make notes, abstracts or memoranda;
         (b)   In the case of tape recordings or other aural public records, to listen and manually transcribe or duplicate, or make notes, abstracts or other memoranda from them;
         (c)   In the case of public records available:
            1.   By enhanced access under I.C. 5-14-3.5; or
            2.   To a governmental entity under I.C. 5-14-3-3(c)(2); to examine and copy the public records by use of an electronic device.
         (d)   In the case of electronically stored data, to manually transcribe and make notes, abstracts or memoranda or to duplicate the data onto a disk, tape, drum or any other medium of electronic storage.
      INVESTIGATORY RECORD. Information compiled in the course of the investigation of a crime.
      PATIENT. Has the meaning set out in I.C. 16-18-2-272(d).
      PERSON. An individual, a corporation, a limited liability company, a partnership, an unincorporated association or a governmental entity.
      PROVIDER. The meaning set out in I.C. 16-18-2-295(a) and includes employees of the State Department of Health or local boards of health who create patient records at the request of another provider, or who are social workers and create records concerning the family background of children who may need assistance.
      PUBLIC AGENCY. Includes the following:
         (a)   The town, or any board, commission, department, division, bureau, committee, office, instrumentality or authority of the town; or
         (b)   Any other entity, or any office thereof, by whatever name designated, exercising in a limited geographical area the executive, administrative, judicial or legislative power of the state or a delegated local governmental power;
         (c)   Any entity or office that is subject to:
            1.   Budget review by either the State Board of Tax Commissioners or the governing body of the town; or
            2.   An audit by the State Board of Accounts.
         (d)   Any building corporation of a political subdivision that issues bonds for the purpose of constructing public facilities;
         (e)   Any advisory commission, committee or body created by statute, ordinance or executive order to advise the governing body of a public agency, except medical staffs or the committees of any such staff; and
         (f)   Any law enforcement agency, which means an agency or a department of any level of government that engages in the investigation, apprehension, arrest or prosecution of alleged criminal offenders, such as the metropolitan police department.
      PUBLIC RECORD. Any writing, paper, report, study, map, photograph, book, card, tape recording or other material that is created, received, retained, maintained, used or filed by or with a public agency, and which is generated on paper, paper substitutes, photographic media, chemically based media, magnetic or machine readable media, electronically stored data or any other material, regardless of form or characteristics.
      STANDARD-SIZED DOCUMENTS. Includes all documents that can be mechanically reproduced (without mechanical reduction) on paper sized eight and one-half inches by 11 inches or eight and one-half inches by 14 inches.
      TRADE SECRET. Has the meaning set forth in I.C. 24-2-3-2.
      WORK PRODUCT OF AN ATTORNEY. Information compiled by an attorney in reasonable anticipation of litigation, and includes the attorney’s:
         (a)   Notes and statements taken during interviews of prospective witnesses; and
         (b)   Legal research or records, correspondence, reports or memoranda, to the extent that each contains the attorney’s opinions, theories or conclusions.
   (B)   These definitions do not restrict the application of any exception under § 35.21.