Ark. Code Ann. § 14-14-111 (2020)
Electronic records
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- County governments in Arkansas are the repository for vast numbers of public records necessary for the regulation of commerce and vital to the health, safety, and welfare of the citizens of the state.
- These records are routinely kept in electronic format by the county officials who are the custodians of the records.
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It is the intent of this section to:
- Ensure that all public records kept by county officials are under the complete care, custody, and control of the county officials responsible for the records; and
- Prevent a computer or software provider doing business with a county from obtaining complete care and control of county records and from becoming the de facto custodian of the records.
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As used in this section:
- “Administrative rights” means permissions and powers, including without limitation the permissions and powers to access, alter, copy, download, read, record, upload, write, or otherwise manipulate and maintain records kept by a county official;
- “Electronic record” means a record created, generated, sent, communicated, received, or stored by electronic means; and
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- “Public records” means writings, recorded sounds, films, tapes, electronic or computer-based information, or data compilations in any medium required by law to be kept or otherwise kept and that constitute a record of the performance or lack of performance of official functions that are or should be carried out by a public official or employee, a governmental agency, or other agency wholly or partially supported by public funds or expending public funds.
- All records maintained in county offices or by county employees within the scope of employment are public records.
- “Public records” does not mean software acquired by purchase, lease, or license.
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- A county official required by law to maintain public records and who in the normal performance of official duties chooses to keep and maintain the records in an electronic record retains administrative rights and complete access to all the records.
- A contract between a county and an electronic record provider shall include the information under subdivision (c)(1) of this section.
History. Acts 2009, No. 569, § 1.
Case Notes
Freedom of Information Act.
Circuit court abused its discretion in issuing a permanent injunction in favor of plaintiff competitor under the Freedom of Information Act of 1967, § 25-19-101 et seq., because the plaintiff failed to sue an entity covered under FOIA; the competitor could not sue a private corporation alone under FOIA and direct it to produce public records it possessed by virtue of its contracts with counties because the private corporation was not the custodian of the public records. The circuit court's conclusion that county officials were unnecessary parties to a dispute over access to their public records was clearly erroneous. Apprentice Info. Sys. v. DataScout, LLC, 2018 Ark. 146, 544 S.W.3d 39 (2018).