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Friday, January 18, 2013

Ind. Gov't. - Public Records Commission to prohibit redistribution of digital data?

This item in the coming issue of Indiana Legislative Insight certainly caught my eye this morning:

The Oversight Committee on Public Records will hold a public hearing February 20 on a proposed amendment to Title 60 of the Indiana Administrative Code that would regulate the commercial use of records received using an Access to Public Records Act request to the Commission on Public Records. Specifically, any person receiving electronic data from the Commission through a public records request (or from the beneficiary of a public records request), would be barred from employing the electronic data for commercial use or benefit; or transferring the data to another person for the commercial use or benefit of either party.
Here is a copy of the proposed new rule.

A public hearing will be held on the proposal on Feb. 20, 2013.

Here is the one-line "economic impact on small business" statement.

Here is the provision of the law apparently authorizing this rule: IC 5--14-3-3(d) and (e):

(d) Except as provided in subsection (e), a public agency that maintains or contracts for the maintenance of public records in an electronic data storage system shall make reasonable efforts to provide to a person making a request a copy of all disclosable data contained in the records on paper, disk, tape, drum, or any other method of electronic retrieval if the medium requested is compatible with the agency's data storage system. This subsection does not apply to an electronic map.

(e) A state agency may adopt a rule under IC 4-22-2, and a political subdivision may enact an ordinance, prescribing the conditions under which a person who receives information on disk or tape under subsection (d) may or 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 for these purposes.

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

A person who uses information in a manner contrary to a rule or ordinance adopted under this subsection may be prohibited by the state agency or political subdivision from obtaining a copy or any further data under subsection (d).

Posted by Marcia Oddi on January 18, 2013 09:56 AM
Posted to Indiana Government