(A) The following public records are excepted from § 35.18 and may not be disclosed by a public agency, unless access to the records is specifically required by a state or federal statute or is ordered by a court under the rules of discovery:
(1) Those declared confidential by state statute;
(2) Those declared confidential by rule adopted by a public agency under specific authority to classify public records as confidential, granted to the public agency by statute;
(3) Those required to be kept confidential by federal law;
(4) Records containing trade secrets;
(5) Confidential financial information obtained, upon request, from a person. However, this does not include information that is filed with or received by a public agency pursuant to state statute;
(6) Information concerning research, including actual research documents, conducted under the auspices of an institution of higher education, including information:
(a) Concerning any negotiations made with respect to the research; and
(b) Received from another party involved in the research.
(7) Grade transcripts and license examination scores obtained as part of a licensure process; and
(8) Those declared confidential by or under rules adopted by the Supreme Court of the state.
(1) Investigatory records of law enforcement agencies. However, certain law enforcement records must be made available for inspection and copying as provided in § 35.18;
(2) The work product of an attorney representing, pursuant to an appointment by a public agency:
(a) A public agency;
(b) The state; or
(c) An individual.
(3) Test questions, scoring keys and other examination data used in administering a licensing examination, examination for employment or academic examination, before the examination is given or if it is to be given again;
(4) Scores of tests if the person is identified by name and has not consented to the release of his or her scores;
(5) The following:
(a) Records relating to negotiations between economic development commissions with industrial, research or commercial prospects, if the records are created while negotiations are in progress;
(b) Notwithstanding division (B)(5)(a) above, the terms of the final offer of public financial resources communicated by economic development commissions to an industrial, a research or a commercial prospect shall be available for inspection and copying under § 35.18 after negotiations with that prospect have terminated; and
(c) When disclosing a final offer under division (B)(5)(b) above, the proper officer(s) of economic development commissions shall certify that the information being disclosed accurately and completely represents the terms of the final offer.
(6) Records that are intra-agency or interagency advisory or deliberative material, including material developed by a private contractor under a contract with a public agency, that are expressions of opinion or are of a speculative nature, and that are communicated for the purpose of decision making;
(7) Diaries, journals or other personal notes serving as the functional equivalent of a diary or journal;
(8) (a) Personnel files of public employees and files of applicants for public employment, except for:
1. The name, compensation, job title, business address, business telephone number, job description, education and training background, previous work experience, or dates of first and last employment of present or former officers or employees of the agency;
2. Information relating to the status of any formal charges against the employee; and
3. Information concerning disciplinary actions in which final action has been taken and that resulted in the employee being disciplined or discharged.
(b) However, all personnel file information shall be made available to the affected employee or his or her representative. This division (B)(8) does not apply to disclosure of personnel information generally on all employees or for groups of employees without the request being particularized by employee name.
(9) Administrative or technical information that would jeopardize a recordkeeping or security system;
(10) Computer programs, computer codes, computer filing systems and other software that are owned by the public agency or entrusted to it and portions of electronic maps entrusted to a public agency by a utility;
(11) Records specifically prepared for discussion or developed during discussion in an executive session under I.C. 5-14-1.5-6.1. However, this division (B)(11) does not apply to that information required to be available for inspection and copying under division (B)(8) above; and
(12) The identity of a donor of a gift made to a public agency if:
(a) The donor requires nondisclosure of his or her identity as a condition of making the gift; or
(b) After the gift is made, the donor or a member of the donor’s family requests nondisclosure.
(C) Notwithstanding § 35.18, a public agency is not required to create or provide copies of lists of names and addresses, unless the public agency is required to publish such lists and disseminate them to the public pursuant to statute. However, if a public agency has created a list of names and addresses, it must permit a person to inspect and make memoranda abstracts from the lists, unless access to the lists is prohibited by law. The following lists of names and addresses may not be disclosed by public agencies to commercial entities for commercial purposes and may not be used by commercial entities for commercial purposes:
(1) A list of employees of a public agency; and
(2) A list of persons attending conferences or meetings at a state institution of higher education, or of persons involved in programs or activities conducted or supervised by the state institution of higher education.
(D) Nothing contained in division (B) above shall limit or affect the right of a person to inspect and copy a public record required or directed to be made by any statute or by any rule of a public agency.
(E) Notwithstanding any other law, a public record that is classified as confidential, other than a record concerning an adoption, shall be made available for inspection and copying 75 years after the creation of that record.
(F) Notwithstanding division (E) above and § 35.22:
(1) Public records subject to I.C. 5-15 may be destroyed only in accordance with record retention schedules under I.C. 5-15; or
(2) Public records not subject to I.C. 5-15 may be destroyed in the ordinary course of business.