1. (a) A protected individual, or the office of judicial administration on behalf of a protected individual, may submit a written request to a public agency (as defined in IC 5-14-3-2 (q)) to:

   1. (1) prevent publication of personal information of the protected individual; or
   2. (2) remove personal information of the protected individual from an existing publication.

2. (b) A request made under subsection (a) must be sent by certified mail or electronic mail and contain the following:

   1. (1) Sufficient information to confirm that the person subject to the request is a protected individual.

   2. (2) A description of the document, posting, or other publication containing the personal information that is sought to be removed.

      A request made by the office of judicial administration that certifies that the person subject to the request is a protected individual is sufficient for the purposes of subdivision (1).

3. (c) Not later than one (1) day after receiving a request under this section, a public agency shall acknowledge receipt of the request.

4. (d) After receiving a request under this section, a public agency shall:

   1. (1) as soon as practicable, take action necessary to ensure that the personal information of the protected individual is not published; or
   2. (2) not later than three (3) days after receipt of the request, remove all personal information of the protected person from publication.

5. (e) A protected individual or the office of judicial administration may bring a civil action against a public agency for a violation of subsection (d). A prevailing party may recover:

   1. (1) actual damages;
   2. (2) declaratory relief;
   3. (3) injunctive relief; and

   4. (4) costs and reasonable attorney's fees.

      A court may also award punitive damages if the court finds that the defendant willfully refused to remove the personal information of a protected person.

As added by P.L.139-2026, SEC.1.