Sec. 1-211. (Formerly Sec. 1-19a). Disclosure of computer-stored public records. Contracts. Acquisition of system, equipment, software to store or retrieve nonexempt public records.
Sec. 1-211. (Formerly Sec. 1-19a). Disclosure of computer-stored public records. Contracts. Acquisition of system, equipment, software to store or retrieve
nonexempt public records. (a) Any public agency which maintains public records in
a computer storage system shall provide, to any person making a request pursuant to
the Freedom of Information Act, a copy of any nonexempt data contained in such records,
properly identified, on paper, disk, tape or any other electronic storage device or medium
requested by the person, if the agency can reasonably make such copy or have such
copy made. Except as otherwise provided by state statute, the cost for providing a copy
of such data shall be in accordance with the provisions of section 1-212.
(b) Except as otherwise provided by state statute, no public agency shall enter into
a contract with, or otherwise obligate itself to, any person if such contract or obligation
impairs the right of the public under the Freedom of Information Act to inspect or copy
the agency's nonexempt public records existing on-line in, or stored on a device or
medium used in connection with, a computer system owned, leased or otherwise used
by the agency in the course of its governmental functions.
(c) On and after July 1, 1992, before any public agency acquires any computer
system, equipment or software to store or retrieve nonexempt public records, it shall
consider whether such proposed system, equipment or software adequately provides for
the rights of the public under the Freedom of Information Act at the least cost possible
to the agency and to persons entitled to access to nonexempt public records under the
Freedom of Information Act. In meeting its obligations under this subsection, each state
public agency shall consult with the Department of Information Technology as part of
the agency's design analysis prior to acquiring any such computer system, equipment
or software. The Department of Information Technology shall adopt written guidelines
to assist municipal agencies in carrying out the purposes of this subsection. Nothing in
this subsection shall require an agency to consult with said department prior to acquiring
a system, equipment or software or modifying software, if such acquisition or modification is consistent with a design analysis for which such agency has previously consulted
with said department. The Department of Information Technology shall consult with
the Freedom of Information Commission on matters relating to access to and disclosure
of public records for the purposes of this subsection. The provisions of this subsection
shall not apply to software modifications which would not affect the rights of the public
under the Freedom of Information Act.
(P.A. 75-342, S. 4; P.A. 90-307, S. 3, 5; P.A. 91-347, S. 1, 5; P.A. 97-47, S. 5; June 18 Sp. Sess. P.A. 97-9, S. 26, 50.)
History: P.A. 90-307 added Subsec. (b) re disclosure of copy of voter registration data maintained in a computer storage
system; P.A. 91-347 repealed former Subsec. (a) which had required agencies to provide printouts of data, relettered former
Subsec. (b) as Subsec. (a), amending provisions to apply to "public records" instead of "voter registration records", to
substitute "nonexempt data contained in such records" for "voter registration data", to add clause "if the agency can
reasonably make such copy or have such copy made" and to add a sentence re cost for a copy, added new Subsec. (b) re
prohibition on contracts and obligations impairing public's right to inspect or copy computerized nonexempt public records,
and added Subsec. (c) re agency requirements before acquiring computer system, equipment or software to store or retrieve
nonexempt public records, effective July 1, 1992; P.A. 97-47 substituted "the Freedom of Information Act" for "this
chapter"; June 18 Sp. Sess. P.A. 97-9 amended Subsec. (c) by substituting "Department of Information Technology" for
"Office of Information and Technology", effective July 1, 1997; Sec. 1-19a transferred to Sec. 1-211 in 1999.
Annotations to former section 1-19a:
Cited. 174 C. 308. Cited. 181 C. 324. Cited. 184 C. 102. Cited. 190 C. 235. Cited. 192 C. 234; Id., 310. Freedom of
Information Act cited. 204 C. 609; 205 C. 767; 206 C. 449; 207 C. 698. Cited. 208 C. 442; 210 C. 590; 212 C. 100. Freedom
of Information Act cited. 209 C. 204; 210 C. 590; Id., 646; 212 C. 100; 213 C. 126; Id., 216. Freedom of Information Act
(FOIA) cited. 214 C. 312; 216 C. 253. FOIA, Freedom of Information Act cited. 217 C. 153. Freedom of Information Act
(FOIA) cited. Id., 193. Freedom of Information Act cited. 218 C. 256. Freedom of Information Act (FOIA), Sec. 1-18a et
seq. cited. Id., 757; 220 C. 225. Freedom of Information Act (FOIA) cited. 221 C. 217; Id., 300; Id., 393. Freedom of
Information Act cited. Id., 482; Id., 549. Freedom of Information Act (FOIA) cited. 222 C. 621. Freedom of Information
Act (FOIA) cited. 228 C. 158. Freedom of Information Act cited. Id., 271.
Freedom of Information Act cited. 4 CA 468; 14 CA 380; judgment reversed, see 210 C. 646. Freedom of Information
Act cited. 16 CA 49; 19 CA 352; Id., 539; 20 CA 671. Printout copies, not computer diskettes, are appropriate responses
to information requests. 22 CA 316. Freedom of Information Act (FOIA) cited. Id. Freedom of Information Act (FOIA)
cited. 29 CA 821. Freedom of Information Act (FOIA) cited. 35 CA 111. Freedom of Information Act (FOIA) Sec. 1-15
et seq. cited. 37 CA 589. Freedom of Information Act, Sec. 1-15 et seq. cited. 42 CA 402. Freedom of Information Act
cited. 43 CA 133.
Freedom of Information Act cited. 41 CS 31; Id., 267; 42 CS 84. Cited. Id., 129. Freedom of Information Act cited. Id.
Cited. Id., 291. Freedom of Information Act cited. Id.
Annotation to present section:
Subsec. (a):
Applicable to request for digital copy of all fields of information typically produced for every adult within Department
of Correction database. 261 C. 86.