REFUTING MILTON Confidentiality laws in Indiana. Though all the winds of doctrine were let loose to...
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Transcript of REFUTING MILTON Confidentiality laws in Indiana. Though all the winds of doctrine were let loose to...
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REFUTING MILTON
Confidentiality laws in Indiana
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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?
John Milton 1608-1674
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Why examine confidentiality law?
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Why examine confidentiality law?
1Integrity of the system
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Why examine confidentiality law?
2People can get hurt
(we have a duty to protect)
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Why examine confidentiality law?
3Be prepared to defend the attacks
(and articulate the reasons)
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Why examine confidentiality law?
4If we allow abuse,
non-experts will regulate us
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Why examine confidentiality law?
5Avoid getting sued
(Whalen v. Roe, 429 US 589 (1977))
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Why examine confidentiality law?
6Avoid committing a crime
(as a public servant in IC 5-14-3-10)
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Reasons for confidentiality laws:
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Reasons for confidentiality laws:
1Promote free exchange of ideas
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Reasons for confidentiality laws:
2Protect investigation
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Reasons for confidentiality laws:
3Protect innocent against
false (and often public) accusations
Bellevue John Does v. Bellevue School District No. 405, 189 P.3d 139 (Wa SC 2008)
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Reasons for confidentiality laws:
4Protect those NOT falsely accused
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Reasons for confidentiality laws:
5Protect what society deems sacred
(marriage – religion)
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EXAMPLES OF CONFIDENTIALITY
General
Indiana
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EXAMPLES OF CONFIDENTIALITY
Juvenile prosecutions / adoptions
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EXAMPLES OF CONFIDENTIALITY
Search & Seizure
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EXAMPLES OF CONFIDENTIALITY
Search warrants sealed
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EXAMPLES OF CONFIDENTIALITY
Miranda
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EXAMPLES OF CONFIDENTIALITY
Garrity
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EXAMPLES OF CONFIDENTIALITY
Use-immunity in grand juries(forces disclosure)
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EXAMPLES OF CONFIDENTIALITY
Evidentiary & Hearsay rules
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EXAMPLES OF CONFIDENTIALITY
Confidential informants
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EXAMPLES OF CONFIDENTIALITY
Shield Laws(IC 34-46-4)
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EXAMPLES OF CONFIDENTIALITY
INDIANA CONFIDENTIALITY LAW
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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.
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EXAMPLES OF CONFIDENTIALITY
INDIANA CONFIDENTIALITY LAW
APRA “shall nots”
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EXAMPLES OF CONFIDENTIALITY
INDIANA CONFIDENTIALITY LAW
APRA “shall nots”
(1) Those declared confidential by state statute.
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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.
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EXAMPLES OF CONFIDENTIALITY
INDIANA CONFIDENTIALITY LAW
APRA “shall nots”
(3) Those required to be kept confidential by federal law.
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EXAMPLES OF CONFIDENTIALITY
INDIANA CONFIDENTIALITY LAW
APRA “shall nots”
(4) Records containing trade secrets.
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EXAMPLES OF CONFIDENTIALITY
INDIANA CONFIDENTIALITY LAW
APRA “shall nots”
(5) Confidential financial information obtained, upon request, from a person.
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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:
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EXAMPLES OF CONFIDENTIALITY
INDIANA CONFIDENTIALITY LAW
APRA “shall nots”
(7) Grade transcripts and license examination scores obtained as part of a licensure process.
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EXAMPLES OF CONFIDENTIALITY
INDIANA CONFIDENTIALITY LAW
APRA “shall nots”
(8) Those declared confidential by or under rules adopted by the supreme court of Indiana.
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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.
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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.
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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.
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EXAMPLES OF CONFIDENTIALITY
INDIANA CONFIDENTIALITY LAW
APRA “shall nots”
(12) A Social Security number contained in the records of a public agency.
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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
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EXAMPLES OF CONFIDENTIALITY
INDIANA CONFIDENTIALITY LAW
APRA “may nots”
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EXAMPLES OF CONFIDENTIALITY
INDIANA CONFIDENTIALITY LAW
APRA “may nots”
(1) Investigatory records of law enforcement agencies.
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EXAMPLES OF CONFIDENTIALITY
INDIANA CONFIDENTIALITY LAW
APRA “may nots”
(2) The work product of an attorney
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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.
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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.
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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…
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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.
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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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EXAMPLES OF CONFIDENTIALITY
INDIANA CONFIDENTIALITY LAW
APRA “may nots”
(8) Personnel files of public employees and files of applicants for public employment,
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EXAMPLES OF CONFIDENTIALITY
INDIANA CONFIDENTIALITY LAW
APRA “may nots”
(9) Minutes or records of hospital medical staff meetings.
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EXAMPLES OF CONFIDENTIALITY
INDIANA CONFIDENTIALITY LAW
APRA “may nots”
(10) Administrative or technical information that would jeopardize a record keeping or security system.
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EXAMPLES OF CONFIDENTIALITY
INDIANA CONFIDENTIALITY LAW
APRA “may nots”
(11) 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.
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EXAMPLES OF CONFIDENTIALITY
INDIANA CONFIDENTIALITY LAW
APRA “may nots”
(12) Records specifically prepared for discussion or developed during discussion in an executive session under IC 5-14-1.5-6.1.
However, this subdivision does not apply to that information required to be available for inspection and copying under
subdivision (8).
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EXAMPLES OF CONFIDENTIALITY
INDIANA CONFIDENTIALITY LAW
APRA “may nots”
(13) The work product of the legislative services agency under personnel rules approved by the legislative council.
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EXAMPLES OF CONFIDENTIALITY
INDIANA CONFIDENTIALITY LAW
APRA “may nots”
(14) The work product of individual members and the partisan staffs of the general assembly.
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EXAMPLES OF CONFIDENTIALITY
INDIANA CONFIDENTIALITY LAW
APRA “may nots”
(15) The identity of a donor of a gift made to a public agency
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EXAMPLES OF CONFIDENTIALITY
INDIANA CONFIDENTIALITY LAW
APRA “may nots”
(16) Library or archival records:
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EXAMPLES OF CONFIDENTIALITY
INDIANA CONFIDENTIALITY LAW
APRA “may nots”
(17) The identity of any person who contacts the bureau of motor vehicles concerning the ability of a driver to operate a motor vehicle
safely and the medical records and evaluations made by the bureau of motor vehicles staff or members of the driver licensing medical advisory board regarding the ability of a driver to operate a motor vehicle safely.
However, upon written request to the commissioner of the bureau of motor vehicles, the driver must be given copies of the driver's medical
records and evaluations.
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APRA “may nots”
(18) School safety and security measures, plans, and systems, including emergency preparedness plans developed under 511
IAC 6.1-2-2.5.
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APRA “may nots”
(19) A record or a part of a record, the public disclosure of which would have a reasonable likelihood of threatening public safety
by exposing a vulnerability to terrorist attack
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APRA “may nots”
(20) …information concerning a customer of a municipally owned utility (as defined in IC 8-1-2-
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APRA “may nots”
(21) …information about a complainant contained in records of a law enforcement agency:
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APRA “may nots”
(22) Notwithstanding subdivision (8)(A), the name, compensation, job title, business address, business telephone number, job description, education and training background,
previous work experience, or dates of first employment of a law enforcement officer who is operating in an undercover capacity.
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APRA “may nots”
(23) Records requested by an offender
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INDIANA PRIVILEGES
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EXAMPLES OF CONFIDENTIALITY
INDIANA PRIVILEGES
Attorney-client IC 34-46-3-1
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Physician-patient IC 34-46-3-1
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Clergymen IC 34-46-3-1 -1
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Spousal IC 34-46-3-1 -1
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EXAMPLES OF CONFIDENTIALITY
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Counselor-client privilege IC 25-23.6-6-1
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Inspector general informant identity IC 4-2-7-8
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Property tax assessment information IC 6-1.1-35-9
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DOC medical inmate data to the inmates IC 11-8-5-2
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Insurance Commission information IC 27-18-9-2
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CASA and guardian ad litem reports IC 31-19-24-9
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AOPA mediation statement IC 4-21.5-3.5-18
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Victim communications IC 35-37-6-9
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Child abuse reports IC 23-19-6-7
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Mental health records IC 16-39-2-3
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Historic preservation and archeology records IC 14-21-1-32
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School assessment ratios IC 6-1.1-34-11
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Carbon dioxide records IC 14-39-1-5
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Department of Financial Institutions records IC 28-1-2-30
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Economic Development Corporation records IC 5-28-15-8
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Demutualization of Mutual Insurance Companies records 27-15-7-2
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Child Fatality Review Team records IC 31-33-24-12
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Prescription information IC 25-26-13-15
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Address confidentiality programs records IC 5-26.5-2-3
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Pharmacist data IC 12-15-35-43
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Peer review committee records IC 34-6-2-99
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Health Care Quality Indicator Data Program IC 16-40-4-10
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Trade secrets IC 22-8-1.1-48.4
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Minority and Women’s Business Enterprises records IC 4-13-16.5-7
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Medical records IC 34-43-1-10
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Children's Health Insurance Program records IC 12-17.6-9-7
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Immunization Data Registry records IC 16-38-5-3
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Law enforcement license plates IC 9-18-3-5
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Real Estate Agency Relationships IC 25-34.1-10-14
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Voter registration data IC 3-7-16-3218
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Medicaid drug utilization review records IC 12-15-35-34
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Hospital Financial Disclosure Law revelations IC 16-21-6-12
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Trade secrets IC 24-2-3-2
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Adoption proceedings records IC 31-19-24-6
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Central Repository for Controlled Substances Data IC 35-48-7-11.1
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Emergency Management and Disaster Law data IC 10-14-3-14
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Department of Workforce Development IC 22-4-19-6
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Patient Safety Programs IC 16-40-5-6
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Toll road project records IC 8-15.5-4-6
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Registration Procedures at Public Assistance Agencies IC 3-7-15-6
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Address confidentiality program IC 34-26-5-7
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Cancer registry IC 16-38-2-5
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Communicable disease records IC 16-41-10-5
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OTHER STATUTORY CONFIDENTIAL DECLARATIONS
Lottery disclosures IC 4-30-14-4
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EXAMPLES OF CONFIDENTIALITY
INDIANA CONFIDENTIALITY LAW
OTHER STATUTORY CONFIDENTIAL DECLARATIONS
Foster care placements IC 31-37-20-5
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EXAMPLES OF CONFIDENTIALITY
INDIANA CONFIDENTIALITY LAW
OTHER STATUTORY CONFIDENTIAL DECLARATIONS
Coroner health records IC 36-2-14-21
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IN SUMMARY
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IN SUMMARY
Don’t make it a game – it’s a game you’re going to lose.
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IN SUMMARY
Don’t make it a game – it’s a game you’re going to lose.
A quick and complete response will gain you credibility
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IN SUMMARY
Don’t make it a game – it’s a game you’re going to lose.
A quick and complete response will gain you credibility
If we don’t respond to confidentiality laws…
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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?
John Milton 1608-1674
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What is our role in Government Oversight?
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What is our role in Government Oversight?
Gotcha?
Create a level playing field, so the performers can perform?
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