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REFUTING MILTON Confidentiality laws in Indiana

REFUTING MILTON Confidentiality laws in Indiana. John Milton 1608-1674.

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REFUTING MILTON Confidentiality laws in Indiana

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  1. REFUTING MILTONConfidentiality laws in Indiana

  2. John Milton 1608-1674 Though all the winds of doctrine were let loose to play upon the earth, so Truth be in the field, we do injuriously, by licensing and prohibiting, to misdoubt her strength. Let her and Falsehood grapple; who ever knew Truth put to the worse, in a free and open encounter?

  3. Transparency

  4. Why examine confidentiality law?

  5. Why examine confidentiality law? 1 Integrity of the system

  6. Why examine confidentiality law? 2 People can get hurt (we have a duty to protect)

  7. Why examine confidentiality law? 3 Be prepared to defend the attacks (and articulate the reasons)

  8. Why examine confidentiality law? 4 If we allow abuse, non-experts will regulate us

  9. Why examine confidentiality law? 5 Avoid getting sued (Whalen v. Roe, 429 US 589 (1977))

  10. Why examine confidentiality law? 6 Avoid committing a crime (as a public servant in IC 5-14-3-10)

  11. Reasons for confidentiality laws:

  12. Reasons for confidentiality laws: 1 Promote free exchange of ideas

  13. Reasons for confidentiality laws: 2 Protect investigation

  14. Reasons for confidentiality laws: 3 Protect innocent against false (and often public) accusations Bellevue John Does v. Bellevue School District No. 405, 189 P.3d 139 (Wa SC 2008)

  15. Reasons for confidentiality laws: 4 Protect those NOT falsely accused

  16. Reasons for confidentiality laws: 5 Protect what society deems sacred (marriage – religion)

  17. EXAMPLES OF CONFIDENTIALITY GeneralIndiana

  18. EXAMPLES OF CONFIDENTIALITY Juvenile prosecutions / adoptions

  19. EXAMPLES OF CONFIDENTIALITY Search & Seizure

  20. EXAMPLES OF CONFIDENTIALITY Search warrants sealed

  21. EXAMPLES OF CONFIDENTIALITY Miranda

  22. EXAMPLES OF CONFIDENTIALITY Garrity

  23. EXAMPLES OF CONFIDENTIALITY Use-immunity in grand juries(forces disclosure)

  24. EXAMPLES OF CONFIDENTIALITY Evidentiary & Hearsay rules

  25. EXAMPLES OF CONFIDENTIALITY Confidential informants

  26. EXAMPLES OF CONFIDENTIALITY Shield Laws(IC 34-46-4)

  27. EXAMPLES OF CONFIDENTIALITY INDIANA CONFIDENTIALITY LAW

  28. EXAMPLES OF CONFIDENTIALITY INDIANA CONFIDENTIALITY LAW IC 5-14-3-10 (a) A public employee, a public official, or an employee or officer of a contractor or subcontractor of a public agency, except as provided by IC 4-15-10, who knowingly or intentionally discloses information classified as confidential by state statute [or declared confidential in IC 5-14-3-4(a) and (b)] commits a Class A misdemeanor.

  29. EXAMPLES OF CONFIDENTIALITY INDIANA CONFIDENTIALITY LAW APRA “shall nots”

  30. EXAMPLES OF CONFIDENTIALITY INDIANA CONFIDENTIALITY LAW APRA “shall nots” (1) Those declared confidential by state statute.

  31. EXAMPLES OF CONFIDENTIALITY INDIANA CONFIDENTIALITY LAW APRA “shall nots” (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.

  32. EXAMPLES OF CONFIDENTIALITY INDIANA CONFIDENTIALITY LAW APRA “shall nots” (3) Those required to be kept confidential by federal law.

  33. EXAMPLES OF CONFIDENTIALITY INDIANA CONFIDENTIALITY LAW APRA “shall nots” (4) Records containing trade secrets.

  34. EXAMPLES OF CONFIDENTIALITY INDIANA CONFIDENTIALITY LAW APRA “shall nots” (5) Confidential financial information obtained, upon request, from a person.

  35. EXAMPLES OF CONFIDENTIALITY INDIANA CONFIDENTIALITY LAW APRA “shall nots” (6) Information concerning research, including actual research documents, conducted under the auspices of a state educational institution, including information:

  36. EXAMPLES OF CONFIDENTIALITY INDIANA CONFIDENTIALITY LAW APRA “shall nots” (7) Grade transcripts and license examination scores obtained as part of a licensure process.

  37. EXAMPLES OF CONFIDENTIALITY INDIANA CONFIDENTIALITY LAW APRA “shall nots” (8) Those declared confidential by or under rules adopted by the supreme court of Indiana.

  38. EXAMPLES OF CONFIDENTIALITY INDIANA CONFIDENTIALITY LAW APRA “shall nots” (9) Patient medical records and charts created by a provider, unless the patient gives written consent under IC 16-39 or as provided under IC 16-41-8.

  39. EXAMPLES OF CONFIDENTIALITY INDIANA CONFIDENTIALITY LAW APRA “shall nots” (10) Application information declared confidential by the board of the Indiana economic development corporation under IC 5-28-16.

  40. EXAMPLES OF CONFIDENTIALITY INDIANA CONFIDENTIALITY LAW APRA “shall nots” (11) A photograph, a video recording, or an audio recording of an autopsy, except as provided in IC 36-2-14-10.

  41. EXAMPLES OF CONFIDENTIALITY INDIANA CONFIDENTIALITY LAW APRA “shall nots” (12) A Social Security number contained in the records of a public agency.

  42. EXAMPLES OF CONFIDENTIALITY INDIANA CONFIDENTIALITY LAW APRA “shall nots” (13) The following information that is part of a foreclosure action subject to IC 32-30-10.5

  43. EXAMPLES OF CONFIDENTIALITY INDIANA CONFIDENTIALITY LAW APRA “may nots”

  44. EXAMPLES OF CONFIDENTIALITY INDIANA CONFIDENTIALITY LAW APRA “may nots” (1) Investigatory records of law enforcement agencies.

  45. EXAMPLES OF CONFIDENTIALITY INDIANA CONFIDENTIALITY LAW APRA “may nots” (2) The work product of an attorney

  46. EXAMPLES OF CONFIDENTIALITY INDIANA CONFIDENTIALITY LAW APRA “may nots” (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.

  47. EXAMPLES OF CONFIDENTIALITY INDIANA CONFIDENTIALITY LAW APRA “may nots” (4) Scores of tests if the person is identified by name and has not consented to the release of the person's scores.

  48. EXAMPLES OF CONFIDENTIALITY INDIANA CONFIDENTIALITY LAW APRA “may nots” (5) The following: (A) Records relating to negotiations between the Indiana economic development corporation, the ports of Indiana, the Indiana state department of agriculture, the Indiana finance authority, an economic development commission, a local economic development organization (as defined in IC 5-28-11-2(3)), or a governing body of a political subdivision with industrial, research, or commercial prospects, if the records are created while negotiations are in progress…

  49. EXAMPLES OF CONFIDENTIALITY INDIANA CONFIDENTIALITY LAW APRA “may nots” (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.

  50. EXAMPLES OF CONFIDENTIALITY INDIANA CONFIDENTIALITY LAW APRA “may nots” (7) Diaries, journals, or other personal notes serving as the functional equivalent of a diary or journal.

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