Privacy Protections on Probate Cases
Indiana favors providing access to public records unless the records are explicitly exempted from disclosure. It also allows public information to stay public so long as the party seeking to seal the information does not show that the harm caused by public disclosure outweighs the benefits of disclosure.
Indiana generally places the burden of proof for the nondisclosure of a public record on the public agency that would deny access and not on the person seeking access. Certain information, such as social security numbers and medical records, are included in a list of items that may not be disclosed.
Moreover, information that is already public will remain public unless, during a public hearing, there is a showing that:
(1) public interest will be secured by sealing the record;
(2) dissemination of the information contained in the record will create a serious and imminent danger to that public interest;
(3) any prejudicial effect created by dissemination of the information cannot be avoided by any reasonable method other than sealing the record;
(4) there is a substantial probability that sealing the record will be effective in protecting the public interest against the perceived danger; and
(5) it is reasonably necessary for the record to remain sealed for a period of time.