14B.202  Powers and responsibilities vested in individual government agencies.

1.  The government agency that is the lawful custodian of a public record shall be responsible for determining whether a record is required by state statute to be confidential. The transmission of a record by a government agency by use of electronic means established, maintained, or managed by the department* shall not constitute a transfer of the legal custody of the record from the individual government agency to the department* or to any other person or entity.

2.  The department* shall not have authority to determine whether an individual government agency should automate records of which the individual government agency is the lawful custodian. However, the department* may encourage governmental agencies to implement electronic access to government records.

3.  A government agency shall not limit access to a record by requiring a citizen to receive the record electronically as the only means of providing the record. A person shall have the right to examine and copy a printed form of a public record as provided in section 22.2, unless the public record is confidential.

4.  A person who contracts with a government agency to provide access or disseminate public records by electronic or other means shall pay the same fee which would be charged to the public under chapter 22 for any public record that is in any manner utilized by the person in a venture that is not part of the contract with the government agency.

Section History: Recent form

  98 Acts, ch 1224, §13; 99 Acts, ch 96, §4

  CS99, §18.183

  2000 Acts, ch 1226, §9, 28, 30

  C2001, §14B.202


  2000 amendments to subsections 1 and 2 take effect April 25, 2000; 2000 Acts, ch 1226, §28, 30

  *The term "department" means the information technology department; 2000 Acts, ch 1226, §28, 30

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