Indiana § 33-23-19-4 - Request to remove or prevent publication of personal information; civil action

§ 33-23-19-4. Request to remove or prevent publication of personal information; civil action

Sec. 4. (a) A protected individual, or the office of judicial administration on behalf of a protected individual, may submit a written request to a public agency (as defined in IC 5-14-3-2(q)) to:

(1) prevent publication of personal information of the protected individual; or

(2) remove personal information of the protected individual from an existing publication.

(b) A request made under subsection (a) must be sent by certified mail or electronic mail and contain the following:

(1) Sufficient information to confirm that the person subject to the request is a protected individual.

(2) A description of the document, posting, or other publication containing the personal information that is sought to be removed.

A request made by the office of judicial administration that certifies that the person subject to the request is a protected individual is sufficient for the purposes of subdivision (1).

(c) Not later than one (1) day after receiving a request under this section, a public agency shall acknowledge receipt of the request.

(d) After receiving a request under this section, a public agency shall:

(1) as soon as practicable, take action necessary to ensure that the personal information of the protected individual is not published; or

(2) not later than three (3) days after receipt of the request, remove all personal information of the protected person from publication.

(e) A protected individual or the office of judicial administration may bring a civil action against a public agency for a violation of subsection (d). A prevailing party may recover:

(1) actual damages;

(2) declaratory relief;

(3) injunctive relief; and

(4) costs and reasonable attorney's fees.

A court may also award punitive damages if the court finds that the defendant willfully refused to remove the personal information of a protected person.

As added by P.L.139-2026, SEC.1.

IC 33-24ARTICLE 24. SUPREME COURT

Ch. 1.Justices and Jurisdiction Ch. 2.Retention of Justices Ch. 3.Duties and Powers Ch. 4.Supreme Court Clerk Ch. 5.Repealed Ch. 5.1.Supreme Court Marshal Ch. 6.Office of Judicial Administration Ch. 7.Supreme Court Records Ch. 8.Supreme Court Fees Ch. 9.Appeal Bonds Ch. 10.Disciplinary Proceedings Against Attorneys Ch. 11.Repealed Ch. 12.Civil Legal Aid Fund Ch. 13.Indiana Conference for Legal Education Opportunity

IC 33-24-1Chapter 1. Justices and Jurisdiction

33-24-1-1Justices; quorum 33-24-1-2Jurisdiction 33-24-1-3Appeals; amount in controversy 33-24-1-4Justice presiding at trial of case