Indiana goes electric — Uplink Archive

Indiana passed a new public records law that expands access to electronic records held by government agencies and limits fees agencies can charge for providing them. The law, which takes effect January 1, requires agencies to make reasonable efforts to provide records in electronic format and prohibits storing records in proprietary systems that would impose unreasonable costs on the public.

The second time is a charm. After trying last year and failing, the Hoosier State Press Association (HSPA) and supporters succeeded this year in getting the Indiana General Assembly to approve a new public records law that specifically addresses electronic records. The new law, signed by Gov. Evan Bayh, takes effect Jan. 1.

Current law hardly mentions electronic records, except to say agencies are not required to provide them. The new law redefines the term "public record" to include all forms of electronic information. It requires public agencies to "make reasonable efforts" to provide public records in an electronic format, if the medium requested is compatible with the data storage system.

The new law also makes it illegal to store public records in such a manner that it requires the public to pay license fees or copyright royalties that "unreasonably impairs the right of the public to inspect and copy the records." Journalists hope this clause will prevent public agencies from storing records in proprietary systems where steep license fees and other charges are made for access to the information.

The law also permits state or local governments to enact laws that would deny electronic records to those wishing to use them for commercial reasons. News organizations, nonprofits and academics are not considered commercial entities under the law.

Agencies cannot charge more than direct cost for the electronic records. The law defines direct cost as 105 percent of the cost of "initial development of a (computer) program, if any, the labor required to retrieve electronically stored data and any medium used for the electronic output."

Compromises necessary to get the bill through the legislature meant some of the language was softened and certain clauses were added that were not part of the original HSPA proposal. As a result, Indiana courts may be called upon to interpret some of the language or rule on the legality of portions of the statute.

Carol Napolitano can be reached at (219) 933-4174, or (800) 837-3232, ext. 4174; or send e-mail to napoli@howpubs.com.