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Public Records Laws and Social Media Retention in
Indiana

Indiana Public Records Law

Social media records in Indiana are governed by the Access to Public Records Act (APRA) which requires the retention of and grants public access to any writing created or maintained by a public entity regardless of form or characteristics. Public agents or agencies violating this act may be subject to civic penalties of up to $500 per violation.

Public Access Counselor’s Advisory Opinion on Social Media as Public Record

The Indiana Public Access Counselor (PAC) issued an advisory opinion in September 2013 that the Town of Morristown violated APRA by deleting comments on the Town’s Facebook wall without retaining a record. The opinion was issued in response to a formal complaint by a person who alleged that the Town had removed her comments unfairly and denied her access to the records. The PAC concluded that “all comments to an agency website must be retained.”

Indiana Social Media Records Policy in Practice

Despite the clear stance of the Public Access Counselor on the status of social media records in Indiana, few major municipalities in Indiana have implemented comprehensive social media policies. The City of Evansville includes records retention in its internal-facing social media policy but does not have a public-facing policy available.

SOCIAL MEDIA ARCHIVING SOLUTION OVERVIEW

How Social Media Archiving Works

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