Search Results for: electronic records

Charging for Electronic Records

Charging for Electronic Records Q: A local hospital district claims it is “required” to charge me for access to inspect records that they claim are only available in electronic form.  They have demanded a deposit of hundreds of dollars and my agreement to pay them whatever they determine the actual cost to be.  When you consider that more and more government agencies, like businesses, are going paperless, this will become a major problem unless it’s

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A&A: Agency charging $2k for redacting electronic records

Q: I received a cost breakdown from a California State Agency, which proposes to charge me more than $2,000 to produce what is essentially a list of names. Much of the cost involves redaction. Initially, the cost was presented to me as ”programming costs,” which are allowed for electronic records, but their cost breakdown covers mostly staff time for a massive redaction effort.  Are they abiding by the Public Records Act? A: The Public Records

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A&A: Agency’s proposed fees for producing electronic records–$2,000!

Q: I received a cost breakdown from a California state agency, which proposes to charge me more than $2,000 to produce what is essentially a list of names. Much of the cost involves redaction. Initially, the cost was presented to me as “programming costs,” which are allowed for electronic records, but their cost breakdown covers mostly staff time for a massive redaction effort. Could I  get advice on whether they are abiding by the Public

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Electronic records of ousted Texas speaker of the House destroyed

Open government advocates are charging that when state officials wiped out computer files of the ousted three-term speaker of the House, they may have destroyed state records that belong to the taxpaying public. –DB First Amendment Center Feb. 5, 2009 AUSTIN, Texas — Before Texas lawmakers voted their three-term speaker of the House out of his powerful job, state officials wiped his computers clean and deleted scores of electronic files, raising concerns that important public

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Government practices in preserving electronic records called 'fatally flawed'

A panel of experts told a committee of the House of Representatives that the National Archives and Records Administration is failing to conserve agency electronic records, especially e-mails. -DB Nextgov.com May 21, 2009 By Jill R. Aitoro The government’s practices in preserving electronic records is “fatally flawed,” and the National Archives and Records Administration must enforce stricter policies to store agencies records, especially e-mail messages, a panel of records management professionals told a House hearing

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A&A: Same fees assessed for electronic data as photocopies

Q: I’m trying to obtain the school district’s 2010 spending records in digital form, but the USD’s General Counsel is asking for 25 cents per page to send the digital information to us. They’ve explained that this is based on the usual fee rate for pages that are photocopied, but as we aren’t asking for any physical copies this rate seems inappropriate. I’ve looked at California’s FOI laws and I don’t think the 25 cents

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A&A: Can Agency’s Be Required to Choose Least Costly Format for Electronic Record Reproduction?

Q: Are California public bodies required to use the least costly method reasonably available to them for duplicating and (if separate) for transferring records responsive to a CPRA request? Is there case law on that question? Context: I am a frequent requestor of video records from agencies across all levels of government and across the country, under various open records laws. I recently got a Dropbox Business account which allows me to create as many “file

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Government agencies erasing crucial e-mails

Government agencies are failing to maintain records of e-mails prompting concern that the agencies will not be able to fufill their mission and that the citizen’s right to hold government accountable will be seriously compromised. According to a survey conducted by the National Archives and Records Administration, among missing e-mails were thousands improperly destroyed by the Justice Department just as an investigation of the 2002 “torture memos” began. -db From NextGov, March 4, 2011, by

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A&A: Can fees be charged for existing electronic/digital records?

Q: The County’s Public Safety Group sent me an invoice in regards to my PRA request for copies of their three existing contracts with Cal Fire. These records already exist in an electronic/ digital format. There is no reason to charge me a fee for them to be delivered to me via email. They just have to be uploaded into the email. No other public agency has charged a fee for an existing document which

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Requesting electronic trial court records

Requesting electronic trial court records Q: I am trying to access a criminal court’s calendar for a 3 month period of time in 2004. Is there is a different public records request when trying to access information from the courts? A: Pursuant to the California Rules of Court regarding public access to electronic trial court records, you can request bulk distribution of a California Superior Court’s electronic calendar, register of actions, and index for criminal

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A&A: Agency won’t provide records in electronic format

Q: In response to our public records request for electronic data, public agencies have refused to release data in Excel format. They have instead given us pdfs or hard copies. Their reasons are vague, ranging from concerns we will manipulate the data to saying it’s not their policy to release data in that format. I recently received a raft of paper in the mail, clearly copies of spreadsheets. The county counsel said, “The District’s policy

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A&A: Fees for “compiling” digital documents at UC?

Q: I am trying to obtain public records at my university which are stored in electronic format. I have been told that I will be charged $.20 per page for the electronic record and, upon inquiring about this fee have been referred to the following policy by the California State University: Public Records Act? The records that I am trying to obtain are in ready-made format and used for analysis by the CSU on a

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Freedom of information: Judge wants CIA to release records in electronic form

A former CIA employee seeking CIA records with a Freedom of Information Act (FOIA) request found support from a federal district judge. The judge said that the CIA may be violating the law by claiming they could only meet the request by producing 19,000 pages of hard copy. The ex-employee Jeffrey Scudder claims that from his experience the agency could produce unclassified electronic documents to meet the request. (Courthouse News Service, March 17, 2014, by

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Senate committee looking at FOIA weaknesses

The U.S. Senate Committee of the Judiciary agreed that the Freedom of Information Act is deficient as requests for information decrease but backlogs increase. (News Media Alliance, March 31, 2022, by Staff) The onset of the pandemic caused delays as certain records were not accessible and Senator Dick Durbin, D-Ill. said the volume of e-mails and other electronic records make it impossible for humans to conduct searches and redactions needed for release. Durbin wanted to

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A&A: Fees assessed for electronic data

Q: I’m trying to obtain records for the LA United School District’s spending for 2010 in digital format, but the LA USD Office of the General Counsel is asking for 25 cents per page to send the digital information to us. They’ve explained that this is based on the usual fee rate for pages that are photocopied, but as we aren’t asking for any physical copies this rate seems inappropriate. I’ve looked at California’s public

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A&A: Can An Agency Charge Fees for Inspecting Public Records?

Q: I am inquiring whether agencies can charge you to inspect e-mails or get copies of e-mails based on Government Code section 6253.9(b)?  Are they allowed to use rule of cost to construct a record, and the cost of programming and computer services necessary to produce a copy of the record, for the charging of e-mails either to inspect them or get copies of them? A: Yes, fees may be charged for obtaining a copy an

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A&A: What does the CPRA say about an agency charging a $48 “clerical fee”?

Q:  I’m interested in getting some feedback from someone a little more experienced at filing public records act requests. I’m a little suspicious of the Department of Fair Employment and Housing charging a $48 “clerical fee”although their invoice does not list the amount of pages or mailing fee, implying the search has not yet been done. The request I made was for copies of complaints made against several businesses. Your thoughts? A: From your inquiry I understand that you

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