| COMPUTERIZED RECORDS CAN BE TRICKY TO GET
Author: George M. Benge
Published: August 17, 1996
Last Updated: October 01, 1996
Printer-friendly version
Because access to electronic data isn't spelled out many places, some agencies drag their feet or refuse media access; how can newspapers overcome this?
The age of computers has given newspapers a formidable net and a challenge that's a variation on an old theme - access to public records in electronic format.
That point was emphatically made at ASNE's panel discussion of Gaining Access to Government Computer Records. Three perspectives on how this issue affects journalists and the public were provided by Jamie Love, director of the Consumer Project on Technology at the Center for Study of Responsive Law; Barbara Petersen, executive director of the Florida First Amendment Foundation; and Joel P. Rawson, executive editor of the Providence (R.I.) Journal-Bulletin. Forrest M. "Frosty" Landon, retired executive editor of the Roanoke (Va.) Times, was moderator.
According to the panelists, new barriers to accessing electronically maintained records include:
- Government bodies at all levels - from local to state to federal - are viewing electronic records as a revenue source, with all manner of exceptions and deletions built into the process. Toward this end, some entities ask hugely inflated prices for information that's inexpensive to provide. "The only reason for charging more for electronic access is greed," according to Petersen.
- Journalists are pitted against government entities that understand what's wanted and are committed to being non-compliant.
- A perception exists of a threat to privacy if access to electronic records is granted.
- Record-keeping systems can be designed and developed in a manner that discourages or precludes public access.
- Some states view public records as a proprietary resource in order to block access.
- Private ownership of public records is increasingly occurring as companies are given copyright protection on research conducted and information gathered by government agencies. Love said judges are increasingly deferring to the owners of such copyrights. He warns of "a contractor who makes changes in public information then claims it as its own."
Among steps the panelists suggested for concerned editors to take:
- Have a systems-literate and First Amendment-savvy point person in the newsroom responsible for obtaining access to electronic records.
- In conducting research for drafting legislation for electronic access, examine what other states (Florida being one) have done that works.
- Pay close attention to the definition of key words. Be broad in defining a public record.
- Build coalitions with other pro-access groups in your community or state.
- Find legislative leaders who relish a fight and can be counted on to relentlessly champion pro-access laws.
- Legislation is cheaper and quicker than litigation. Try it first.
- Someone should be working full time in each state on behalf of access to public
records.
Benge is Executive Editor of the Lafayette (Ind.) Journal and Courier.
|