« Ind. Gov't. - More on "Public records not released from Jeffersonville's Clerk-Treasurer's Office" | Main | Ind. Decisions - 7th Circuit decides one Indiana case today »
Wednesday, September 10, 2008
Ind. Gov't. - Request for school emails containing "an individual’s name and one or more of 58 listed words" rejected
The Public Access Counselor on July 9, 2008, issued a response to Informal Inquiry 08-INF-23 regarding Carmel Clay Schools. The question, from a law firm representing the school, related to "a request for any documents, including emails, associated with an individual’s name and containing one or more of 58 listed words." The PAC's opinion concludes:
Here, the requester seeks emails containing any one of a number of words. Certainly the School does not catalog emails by words contained therein. Similarly, most public agencies do not catalog any records by words contained therein. I know of no law requiring the School to catalog its emails in such a manner. As Counselor Hurst indicated, the agency is under no obligation to search all of its records for any reference to the information being requested. It is my opinion the School is not obligated to search through each email, either through an electronic or manual process, to determine which emails contain the particular words.If, on the other hand, the request identified the records with particularity enough that the School could determine which records are sought (e.g. all emails from a person to another for a particular date or date range), the School would be obligated to retrieve those records and provide access to them, subject to any exceptions to disclosure. It is my opinion the APRA draws a distinction here in that the law requires retrieval but not research.
Posted by Marcia Oddi on September 10, 2008 12:21 PM
Posted to Indiana Government