NCJ Number
205093
Editor(s)
Jennifer LaFleur,
Gregg P. Leslie
Date Published
2003
Length
48 pages
Annotation
After addressing various issues that pertain to the accessibility of and techniques for obtaining data from government electronic records, this report presents information on access to electronic records for each State.
Abstract
The opening article advises that access to government electronic records is critical for journalistic reporting. The questions answered in the article pertain to whether electronic information is public, whether requesters can choose the format, the cost, whether the software itself is a public record, whether the government can inflate the price for useful systems, and online information. Another article explains how the Federal Freedom of Information Act has been amended to cover electronic information held in Federal agencies. It also notes that States often imitate the Federal law in passing new State legislation. An article addresses whether a requester may choose to obtain electronic records. It advises that the requester's right to demand that information be provided in a computer printout, a computer tape, a CD-ROM, or some other form varies by State. The ramifications of 9-11 Web takedowns is discussed in another article. After September 11, 2001, several Federal agencies acted to take down electronic maps, databases, and entire Web sites from the public domain, citing security reasons. Electronic access has been restricted particularly for environmental data, transportation maps, dam locations, and other databases that had been frequently used by reporters, community groups, and citizens. The ramifications of these takedowns for access to important information is still unclear. Other issues addressed in articles are whether an agency is required to search for the records requested, whether an agency's software is considered a public record, government records being made accessible through the Internet, whether a government official's e-mail is a public record, fees for access to electronic records, whether or not journalists seeking electronic information should sign a predisclosure form, and techniques for negotiating for electronic records. Also discussed are the use of privacy laws to block database access and governments' use of private firms for data processing. The section that profiles State policies for electronic records access contains the following information for each State: relevant law, cases and opinions, fees, profit-making, data available online, and resources