NOU 1994: 17

Til informasjonens pris

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4 Amerikansk lovforslag

11721 (a) The Office of Information Technology in the Department of Finance shall work with all state agencies, including the State Library appropriate federal government agencies, local government agencies, and members of the public to develop and implement a plan to make copies of all information that is computerized by any state agency and that is subject to disclosure under the California Public Records Act (the Ralph M. Brown Act) or the Bagley-Keene Open Meeting Act accessible to the public in computer-readable form.

(b) The information identified in subdivision (a) shall be made available to the public by means of access by way of the largest nonproprietary, nonprofit cooperative public computer network at no cost to the public, schools, libraries, and other government entities. The information shall be made available in one or more formats and by one or more means in order to provide the greatest feasible access to the general public in this state. Any person who accesses the information may access all or any part of the information. The information may also be made available by any other means of access that would facilitate public access to the information.

(c) Any documentation that describes the electronic digital formats of the information identified in subdivision (a) and is available to the public shall be made available by means of access by way of the computer network specified in subdivision (b).

(d) Personal information concerning a person who accesses the information may be maintained only for the purpose of providing service to the person.

(e) No fee or other charge may be imposed by an agency as a condition of accessing the information that is accessible by way of the computer network specified in subdivision (b).

(f) The electronic public access provided by way of the computer network specified in subdivision (b) shall be in addition to other electronic or print distribution of the information. Access systems shall protect the security of government owned or operated systems using proven security approaches at the least possible cost.

(g) Information shall be provided in a manner that automatically redacts private or confidential information when it is commingled with public information in computerized government records.

(h) Computer feasibility studies by state agencies and state agency purchases of computer equipment, programs, and services that involve computerized public information shall include a component to ensure free public access to the information by way of the largest nonproprietary, nonprofit cooperative computer network.

11722. (a) The office shall be the lead agency in the development and implementation of the plan specified in Section 11721. The plan shall be completed no later than January 1, 1996. The office shall report to the Legislature on April 1, July 1, and October 1, 1995, on progress being made in developing the plan, obstacles to implementing the plan, and recommendations for legislative changes in this article.

(b) The office shall study the following issues in developing the plan:

  1. Methods for offsetting any cost through savings from making government more efficient and incorporating public access into all new computer-related purchases.

  2. Integration of a public access requirement into feasibility studies for purchases of computer hardware and software.

(c) Implementation of the plan shall begin no later than January 1, 1996, and the plan shall be fully implemented and operational no later than January 1, 2000. The office shall report to the Legislature annually no later than January 1 of each year from 1996 through 2000. State agencies that have not completed implementation of the plan by January 1, 2000, shall be prohibited from purchasing computer equipment or computer programs or contracting for computer services without the express approval of the Legislature.

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