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Electronic records are subject to FOIA requests in some cases
T
he Arkansas Freedom of Informatin Act applies to electronic records ... if “readily convertible” without significant cost in public resources.
If “Readily Convertible,” Electronic Data Subject to FOIA: If requested electronic data is “readily convertible,” then the public official is required to comply with the request under A.C.A. § 2519-105(d)(2)(B), which requires that a citizen must be provided data “in any format to which it is readily convertible with the custodian’s existing software.” Ark. AG Op. No. 2004-023. If NOT“Readily Convertible,” Electronic Data is Not Subject to FOIA: A.C.A. 25-19-109(a)(1) permits the custodian of the records, at his or her discretion, to compile, tailor or summarize requested electronic data in an electronic format if it is not readily convertible ... BUT ... if it is properly determined that requested electronic data is not “readily convertible,” the public official has no obligation to comply with the FOIA request. Ark. AG Op. No. 2004-023. “Readily Convertible” Defined: A.C.A. 25-19- 105 (d) (2) (B) and A.C.A. 25-19-109 were enacted based on a report by the Electronic Records Study Commission (“Commission”) and this report offers insight into the intent of these provisions. The Commission notes that “[i]n many cases, it is relatively easy and costfree to ... convert [an electronic record] from one common format to another.” By contrast, significantly greater customization of electronic records is often possible, but only with substantial effort.
Whether that effort is undue could vary widely among entities subject to the FOIA, depending not only upon equipment and personnel, but also upon how data is maintained for its efficient use in the agency’s principal mission. In short, what is possible is not always practical. Electronic data is “readily convertible” when the conversion can be done without significant cost in public resources. Ark. AG Op. No. 2004-023.
County Law p U date
Mike Rainwater Risk Management Legal Counsel
Option of Hiring Private Contractor: Where the cost and time involved in complying with the requests are relatively minimal, custodians should agree to provide the electronically recorded data as requested. A.C.A. 25-19-109(a)(2). If the custodian agrees to a request, the custodian may charge the actual, verifiable costs of personnel time exceeding two (2) hours associated with the tasks, in addition to copying costs authorized by § 25-19- 105(d)(3). A.C.A. 25-19-109(b)(1). (Mike Rainwater, a regular contributor to County Lines and lead attorney for AAC Risk Management, is principal shareholder of Rainwater, Holt, and Sexton, P.A., a state-wide personal injury and disability law firm. Mr. Rainwater has been a lawyer for over 30 years, is a former deputy prosecuting attorney, and has defended city and county officials for over 25 years.)
Polk County Clerk’s office staff display color of support on Pink Friday Those visiting the Polk County Clerk’s office on May 3 were reminded to Think Pink. Staffers wore the rosy tone as a show of support for breast cancer survivors and the continuing research for a cure. Pictured are: (front row) Sarah Gibson, Elicia Field, Alyssa McCleskey and Lis Robinson; (second row) Paula Clark, Sue Babel, Kim Milne, Melody McDaniel and Kerry Law: (third row) James Reeves, June Wiles, Linda Ashcraft, Theresa Judkins, Lana Rice, Laura Logan, Polk County Clerk Terri Harrison, Lisa Bingham, Judy Logan and Sherri Roberts.
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COUNTY LINES, SUMMER 2014
