Authority: IC 4-31-3-9; IC 4-31-6-2

Affected: IC 4-31; IC 5-14-3

Sec. 2. (a) The following information submitted, collected, or gathered as part of an application to the commission for a license as required by 71 IAC 5-1-1 or 71 IAC 5.5-1-1 is confidential for purposes of IC 5-14-3-4:

1. (1) A Social Security number.
2. (2) A date of birth.
3. (3) A home address.
4. (4) A home or personal cellular telephone number.
5. (5) An email address.
6. (6) Name of current or former spouse, including maiden name or alias, or both.
7. (7) Name of emergency contact.
8. (8) Telephone number of emergency contact.
9. (9) State and city of applicant's birth.
10. (10) Any information concerning a victim of domestic violence, sexual assault, or stalking.
11. (11) Any information concerning a minor child of the applicant or a minor participating in a program under the jurisdiction of the commission.
12. (12) All information classified as confidential by 71 IAC 9-2.1-7.

(b) An individual who holds, held, or has applied for a commission license under this article may waive the confidentiality requirements of subsection (a).

(c) Any disclosable data under IC 5-14-3 received, by any person making a request, on disk, on tape, on other electronic media or memory, by download, by electronic file, through a service, or any similar method may not use the information for commercial purposes, including to sell, advertise, or solicit the purchase of merchandise, goods, or services, or sell, loan, give away, or otherwise deliver the information obtained by the request to any other person or entity for these, or similar, purposes.

(d) Use of information received under subsection (c) in connection with the publication of news, for nonprofit activities, or for academic research is not prohibited.

(e) A horsemen's association duly registered with the commission, as provided by 71 IAC 13-1, may obtain confidential contact information for licensed owners or trainers, or both, listed in subsection (a)(3) for the purpose of board elections upon written request and the signing of an agreement to maintain the confidentiality of the information provided, and to destroy the information no later than fifteen (15) days after the board election. If the registered horsemen's association receiving the information is utilizing services of third parties to assist with the election process, those third parties must also sign an agreement to maintain the confidentiality of the information and destroy the information no later than fifteen (15) days after the board election.

(Indiana Horse Racing Commission; 71 IAC 2-8-2; emergency rule filed Dec 5, 2019, 1:56 p.m.: 20191211-IR-071190646ERA; emergency rule filed Jul 16, 2021, 11:00 a.m.: 20210721-IR- 071210301ERA; readopted filed Jul 6, 2023, 1:50 p.m.: 20230802-IR-071230371RFA; readopted filed Aug 3, 2023, 12:49 p.m.: 20230830-IR-071230428RFA; readopted filed Sep 18, 2024, 12:40 p.m.: 20241016-IR-071230796RFA)