The Indiana Publisher

Page 4 A case raising the specter that routine traffic accident reports would fall under the scope of the federal Driver's Privacy Protection Act was dismissed by the U.S. District Court in South Bend. Whitaker v. Appriss, Inc. was dismissed in July in favor of Appriss, which controls the col- lection of accident reports under a contract with the Indiana State Police. The Hoosier State Press Association Foundation and Indiana Broadcasters Association filed an amicus brief in support of Appriss, Inc. The contract doesn't cost ISP any money, but allows Appriss to sell information on accidents to other private parties, some who use the information to solicit the drivers to provide services – such as lawyers or chiropractors. Rachel Whitaker and Richard Dunkin decided to sue after they were contacted following separate traffic accidents involving them, one in Kokomo and one in Carroll County. The lawsuit claims they suffered harm from the release of personal information by Appriss obtained from records of the state Bureau of Motor Vehicles. ISP forwards accident reports to the BMV to determine financial responsibility for accidents or suspend licenses if appropriate. Congress enacted the DPPA to pre- vent stalkers or criminals from uti- lizing records to acquire information about potential victims and prevent state BMV's from selling personal information to businesses for market- ing and solicitation purposes. While police rely upon driver's licenses to complete accident reports, the information is volun- tarily provided by the drivers, not the BMV. "Because the plaintiff provided the license containing the informa- tion, there's no DPPA claim when that information is misused," wrote Judge Robert Miller, Jr., in the dis- trict court ruling. The decision is a relief for news- gathering entities. Whitaker and Duncan's attorney were attempt- ing to build a class-action lawsuit. If successful, it could have made Indiana newspapers a target of sim- ilar lawsuits claiming publication of personal information derived from the accident reports were in viola- tion of the DPPA. Judge Miller pointed out that the plaintiffs' arguments would have created "strange and far-reaching results, such as a violation by a person who used information on her spouse's driver's license to make an order or reservation. "These interpretations balloon liability beyond the Act's purpose of preventing disclosures by DMVs and misuse of information disclosed to third parties by DMVs," the judge wrote. Dismissal of the case means reporters can still rely upon accident reports to relay information about events in a community without fear of a lawsuit. It also means local police departments can release cop- ies of accident reports also without fear of a class action lawsuit. Margaret "Meg" Christenson of Bingham Greenebaum Doll in Indianapolis handled the amicus brief for the two Indiana media organizations. Steve Key is executive director and general counsel for the Hoosier State Press Association. Key Points Steve Key Public access win in accident report case LIKE THE HOOSIER STATE PRESS ASSOCIATION ON FACEBOOK FOR INDUSTRY NEWS, DEADLINES AND UPDATES. August 2017 News in brief Mackenzi Klemann has transitioned from her role as a reporter at the Wabash Plain Dealer into the editor position recently vacated by former managing editor Eric Seaman. Klemann grew up in Fort Wayne and graduated from Homestead High School in 2009 before receiv- ing her bachelor's degree in journalism from Taylor University in 2014. Since March 2015, she has been with the Plain Dealer as a general news reporter, cov- ering the city and county government beats as well a variety of other news stories pertaining to local, state and even national topics. In her new role as editor, Klemann hopes to expand the Plain Dealer's scope to ensure that the stories that run are stories that are important to Wabash and its surrounding towns. She especially aims to further examine the city's commitment to economic growth. - Wabash Plain Dealer Larry Avila has won journalism awards in three states. He hopes to soon make it four. Avila is the new business editor for The Times of Northwest Indiana (Munster), having started June 19. He replaces Keith Benman, who took a job as a TV news reporter in upstate New York. In his new role, Avila will oversee a staff of three reporters who write for The Times' award-winning business section (which appears in the paper every day but Saturday and Monday), as well as IN Business magazine. Avila, who grew up in Michigan, started working in journalism in 1990 and also had stops at the Post-Crescent in Appleton, Wisconsin, the Sun in Naperville, Illinois, the Morris Daily Herald in Illinois, the Business Led- ger in suburban Chicago and the Kane County (Illi- nois) Business Journal. The job at The Times attracted him because of the size of the market and bevy of coverage opportunities in the Region. So far, he's been impressed by the pace of the newsroom. - The Times of Northwest Indiana (Munster) Nina Mason Pulliam Charitable Trust announces a grant that will support an environmental reporting project at the IndyStar, allowing widening of in-depth coverage of natural resources and wildlife conserva- tion in Indiana. Through the grant, the IndyStar is expanding report- ing resources to explore issues that have an impact on Indiana. Journalists will examine wide-ranging envi- ronmental and natural resource issues, from the health of our waterways to the quality of air we breathe. The grant opens up opportunities for us to pursue comprehensive coverage beyond what the IndyStar would have provided before. The IndyStar newsroom will retain all editorial control over news decisions, as well as the journalists employed in our coverage. - The IndyStar Fishers resident Elizabeth Granger was recently honored by the Woman's Press Club of Indiana at its annual awards luncheon in Rising Sun. Granger is a freelance writer and for- mer journalism teacher. She was awarded first place in writ- ing for an article published in Travel Indiana called "Indiana's Top Chefs: Michael Cassady." She also received first place hon- ors for "Indiana's Top Chefs: Have Pie, Will Travel." She placed third for a personality profile called "Ann Ryder's Metaphor for Life." First-place finishers move on to the national round through National Federation of Press Women. Granger placed nationally as well. Granger has been a member of WPCI since 1999, and said "her work is validated through the awards." Granger learned about writing opportunities through Travel Indiana during a chance encounter with a for- mer co-worker from more than 30 years prior. - Renee Larr New editor at Plain Dealer Pulliam funds reporting project Times editor emphasizes local Transactions with Iran. He also was Chairman of the Joint Committee on the Organization of Congress and worked to promote integrity and efficiency in the institution. Since retiring from Congress, Hamilton has been at the center of efforts to address some of our nation's highest-profile homeland security and foreign policy challenges. He is currently a member of the President's Homeland Security Advisory Council, the CIA External Advisory Board, and the U.S. Department of Homeland Security Task Force on Preventing the Entry of Weapons of Mass Effect on American Soil. Chuck Wells, AIM Media Indiana Vice President and HSPA Board Vice President, said "The HSPA Annual Conference and advertis- ing training sessions are the one time a year that publishers and ad directors have an opportunity to share ideas and come home with real solutions for local mar- kets. Over the years, the sessions and the relationships I've developed have made a big difference in my professional develop- ment. Register for the annual conference at www.hspa.com/conference. Conference Continued from Page 1 WPCI awards Fishers resident Avila Granger for the award. The first award will be presented in December of 2018 at HSPA Foundation's Newsroom Seminar. "If we want well-informed members of our communities advocating and acting on behalf of a healthier natural environment, then we have to ensure individuals are receiving credible, accurate reporting on the issues," said Gene D'Adamo, president and CEO, Nina Mason Pulliam Charitable Trust. "Journalism runs deep in our roots at the Trust, so it's especially gratifying to marry journalism and the environment with this award, and to support journalists who are continuing the proud tradition of informing and educating about the news of our day." The Nina Mason Pulliam Charitable Trust was established upon the death of Nina Mason Pulliam in 1997 to support the causes she loved in her home states of Arizona and Indiana. The Trust seeks to help people in need, protect animals and nature, and enrich community life in metropolitan Indianapolis and Phoenix. Since its inception the Trust has distributed more than $283 million. For more information visit www.ninapulliamtrust.org. The Hoosier State Press Association Foundation exists to foster public understand- ing of the role of a free press in society, to increase public literacy, to enhance the ability of Indiana newspapers to full educate and inform the public, and to defend the prin- ciples of the First Amendment of the U.S. Constitution. Award Continued from Page 1 Hamilton

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