22.3A - ACCESS TO DATA PROCESSING SOFTWARE.
22.3A ACCESS TO DATA PROCESSING SOFTWARE.
1. As used in this section:
a. "Access" means the instruction of, communication with,
storage of data in, or retrieval of data from a computer.
b. "Computer" means an electronic device which performs
logical, arithmetical, and memory functions by manipulations of
electronic or magnetic impulses, and includes all input, output,
processing, storage, and communication facilities which are connected
or related to the computer including a computer network. As used in
this paragraph, "computer" includes any central processing unit,
front-end processing unit, miniprocessor, or microprocessor, and
related peripheral equipment such as data storage devices, document
scanners, data entry terminal controllers, and data terminal
equipment and systems for computer networks.
c. "Computer network" means a set of related, remotely
connected devices and communication facilities including two or more
computers with capability to transmit data among them through
communication facilities.
d. "Data" means a representation of information, knowledge,
facts, concepts, or instructions that has been prepared or is being
prepared in a formalized manner and has been processed, or is
intended to be processed, in a computer. Data may be stored in any
form, including but not limited to a printout, magnetic storage
media, disk, compact disc, punched card, or as memory of a computer.
e. "Data processing software" means an ordered set of
instructions or statements that, when executed by a computer, causes
the computer to process data, and includes any program or set of
programs, procedures, or routines used to employ and control
capabilities of computer hardware. As used in this paragraph "data
processing software" includes but is not limited to an operating
system, compiler, assembler, utility, library resource, maintenance
routine, application, or computer networking program.
2. A government body may provide, restrict, or prohibit access to
data processing software developed by the government body, regardless
of whether the data processing software is separated or combined with
a public record. A government body shall establish policies and
procedures to provide access to public records which are combined
with its data processing software. A public record shall not be
withheld from the public because it is combined with data processing
software. A government body shall not acquire any electronic data
processing system for the storage, manipulation, or retrieval of
public records that would impair the government body's ability to
permit the examination of a public record and the copying of a public
record in either written or electronic form. If it is necessary to
separate a public record from data processing software in order to
permit the examination or copying of the public record, the
government body shall bear the cost of separation of the public
record from the data processing software. The electronic public
record shall be made available in a format useable with commonly
available data processing or database management software. The cost
chargeable to a person receiving a public record separated from data
processing software under this subsection shall not be in excess of
the charge under this chapter unless the person receiving the public
record requests that the public record be specially processed. A
government body may establish payment rates and procedures required
to provide access to data processing software, regardless of whether
the data processing software is separated from or combined with a
public record. Proceeds from payments may be considered repayment
receipts, as defined in section 8.2. The payment amount shall be
calculated as follows:
a. The amount charged for access to a public record shall be
not more than that required to recover direct publication costs,
including but not limited to editing, compilation, and media
production costs, incurred by the government body in developing the
data processing software and preparing the data processing software
for transfer to the person. The amount shall be in addition to any
other fee required to be paid under this chapter for the examination
and copying of a public record. If a person accesses a public record
stored in an electronic format that does not require formatting,
editing, or compiling to access the public record, the charge for
providing the accessed public record shall not exceed the reasonable
cost of accessing that public record. The government body shall, if
requested, provide documentation which explains and justifies the
amount charged. This paragraph shall not apply to any publication
for which a price has been established pursuant to another section,
including section 2A.5.
b. If access to the data processing software is provided to a
person for a purpose other than provided in paragraph "a", the
amount may be established according to the discretion of the
government body, and may be based upon competitive market
considerations as determined by the government body.
3. A government body is granted and may apply for and receive any
legal protection necessary to secure a right to or an interest in
data processing software developed by the government body, including
but not limited to federal copyright, patent, and trademark
protections, and any trade secret protection available under chapter
550. The government body may enter into agreements for the sale or
distribution of its data processing software, including marketing and
licensing agreements. The government body may impose conditions upon
the use of the data processing software that is otherwise consistent
with state and federal law. Section History: Recent Form
96 Acts, ch 1099, §15; 98 Acts, ch 1224, § 18; 99 Acts, ch 207,
§12; 2003 Acts, ch 35, §38, 49
Referred to in § 8A.222, 8A.341, 22.2, 22.7, 169A.1