Open record laws put digital data on target

Is a legislator's e-mail public record? Are state databases also open to the public? What about accessing personal information from governments to be used for commercial gain?

Welcome to the digital world. State lawmakers are finding that in an age when information moves at the speed of light, trying to bring Utah's open records law into the 21st century is going to take a lot of brain power.

State senators and representatives who make up the Government Records Access and Management Task Force met for the first time this past week to survey the maze of complex issues they plan to navigate.

From posting public government records in virtual "reading rooms" on the Internet to determining what private citizen information should be public, committee members reviewed a list of some 11 public records issues to be tackled.

One thing local government experts and citizens told lawmakers is that it is inevitable governments will soon become all-digital and that paper will go the way of the typewriter.

"We're fast approaching the time when the government will be producing digital-only records," Salt Lake County records manager Terry Ellis told the committee.

The problem is, the Government Records Access and Management Act (GRAMA) is not clear what is public, what is private and what is paid for when it comes to computer files.

Officials from Utah cities and counties said they are concerned companies can request names, addresses and other personal information and use it for commercial gain. Salt Lake County Recorder Gary Ott said companies can easily obtain database lists of citizens for pennies a page, while such lists from marketing companies sell for a premium.

"Data has real value," Ott said, adding the committee must determine if such information should made available for a "fair market value" as opposed to a citizen or local media reporter who wants to use the information for public interest.

"It's a herculean task," he said.

Brigham Young University journalism professor Joel Campbell, speaking for the Utah Press Association, suggested government agencies anticipate what information is public and post that information on their Web sites in "electronic reading rooms." This would decrease the number of GRAMA records requests made by citizens, he said.