Counselor sides with Notre Dame over police public records request

An Indiana Public Access Counselor has sided with the Notre Dame Security Police in a denial of records request.

A complaint was filed with the office of the Counselor last month by The Observer, the student-run newspaper. The Observer says it concerned the campus police force and the University’s denial of records requests in November, despite a change in state law that might have required them to grant access.

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Indiana’s Access to Public Records Act, or APRA, states that “public agencies” – like local police departments – are required to release certain records by law. However, private university police departments like NDSP have long been considered private agencies under state law, and are therefore not subject to APRA.

The counselor also cited the state Supreme Court’s decision in ESPN’s lawsuit against Notre Dame last November which ruled that private universities in Indiana are not obligated to disclose police records.