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Effective Open Government in the Electronic Age


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Table of Contents

Effective Open Government in the Electronic Age

The Purposes of Open Records Acts

Electronic Records - Benefits

Electronic Records - Challenges

Coverage of Electronic Records

Settled Law:

Most common language:

Exceptions: Narrow

Limiting the exception:

Access to information in electronic form

Format for Delivery

Different approaches to electronic production

Compare:

At what cost, transparency?

Reasons for the expense of access.

Abusive cost estimates

Abusive cost estimates, continued

Many statutes give wide discretion over cost demands

Statutes with limited cost provisions

Public Purpose Fee Waivers

$1,072,200

Creation of a ‘new’ record?

Does this reflect actual difficulty to the agency to produce the record?

PPT Slide

PPT Slide

Two failures

Access to personal e-mail of public officials.

Exception

Open Meetings Laws

Could officials be prohibited from electronic communications under open meetings laws?

Can meetings be validly held electronically?

Open Records Laws and Privacy

Is the privacy a casualty of public records laws?

Recommendations

Records covered and formats for production

Cost

Modifications, custom searches, and programming

Facilitating Future Access

Security of sensitive information

Thank you!

Author: Adam White Scoville

NCSL Contact: pam.greenberg@ncsl.org

NCSL Home Page: http://www.ncsl.org/

Other information:
The Electronic Trail: Perils of Policymakers and Private Citizens
2002 NCSL Annual Meeting
Friday, July 26, 2002


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