Requires all public records to be accessible on Internet

Title of bill

An act to amend the public officers law, in relation to electronic access to records

Purpose

To enhance the Freedom of Information Law to allow electronic access to State records.

Summary of specific provisions

This bill adds article 6-B to the Public Officer's Law, requiring agencies of the State to provide free public access to records via the internet. It also would require agencies to promulgate regulations related to such electronic access and allow agencies to strike any personal identifying information contained in such records.

Justification

More than two decades ago, the Freedom of Information Law offered New Yorkers an unprecedented level of access to the workings of their government. As information technology throughout the world continues to develop in leaps and bounds, the availability and ease of retrieval of information of all types has become more and more effortless. The State of New York must act so that it does not lag behind any government, organization, or corporate entity in making available public documents through electronic resources, the Internet in particular.

To address the constantly changing manner in which people seek to attain public records, the State must enact legislation which seeks to serve two purposes: First, the government must act to ensure that the Freedom of Information Law maximizes the accessibility of records; and Second, to guarantee the integrity of the State's information systems to prevent misuse. This legislation answers both of these questions. When electronic information systems are developed in manner, which balances disclosure and security, as promoted in this bill, a more efficient and more beneficial structure can be achieved for the State, its agencies, and the public.

While some records are already available electronically, it has been done in a haphazard manner. It is inevitable that government records will be available via the internet in the near future. The Legislature, through this bill, has the opportunity to act proactively to ensure that this process is done with a responsible, comprehensive, and coordinated State approach.

The goal of the original Freedom of Information Law was to promote the public good by disclosing information as widely as possible and without impediment. In order to succeed in fulfilling this mission, the state must enact meaningful legislation that will require utilization of the Internet as a secure conduit for public information.

Prior legislative history

2007-08: A5941 - Referred to Ways and Means 2005-06: A.6036 - Reported to Codes 2003-04: A.2644-B - Reported to Codes

Fiscal implications

To be determined.

Effective date

Sixty days after enactment.