About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

Maine Attorney General Reports and Opinions 1 (2009)

handle is hein.sag/sagme0008 and id is 1 raw text is: 2009-01 REGIONAL OFFICES 84 HARLOW ST.. 2ND FLoOR BANGOR. MAINE,04401 TEL- (207) 941-3070 FAX; (207) 941-3075 JANET T. MILLS ATTORNEY GENERAL * ' 44 OAK STREET. 4TH FLOOR 3ms' PORTLAND. MAINE,04101-3014 TE.: (207) 822-0260 FAX (207) 822-0259 STATE OF MAINE Tou (877)428-8800 TEL: (207)626-8800 OFFICE OFTHE ATTORNEY GENERAL 14ACCESSHIGHWAY, STE.1 CAE1BOU, MANE.04736 TTY: 1-888-577-6690 6 STATE HOUSE STATION T o (207) 496-3792 AuGUSTA, MAINE 04333-0006 FAX (207)496-3291 March 5, 2009 The Honorable David Trahan 3 State House Station Augusta, ME 04333-0003 Dear Senator Trahan: You have asked for an opinion as to whether the Policy on Access to Data and Information on State Owned Computer Devices of the Maine Office of Information Technology (OIT) is in compliance with the Freedom of Access Laws (FOAL). In particular, you question whether, by placing responsibility for fulfilling FOAL requests for electronic records on the agency that generated the record, the OIT policy results in an overly narrow interpretation of the public's right to inspect records or otherwise violates the FOAL. For the reasons discussed below, I do not believe that a court would conclude that the OIT policy violates the FOAL. The OIT policy addresses FOAL requests made of OIT for data or information that has been collected and used by a state agency other than OIT, and describes their respective responsibilities. For purposes of your questions, the central provision of the policy is found in. Section IV.B., which provides: State departments and agencies, as required by the Freedom of Access Act, are responsible for fulfilling requests for access to public records in their possession or custody, including information and data hosted on state-owned computer devices. All responses and decisions regarding the production of such information or data, such as the scope of the search, the redaction or withholding of information, the timing and cost of production, etc., are the sole responsibility of the department or agency. The legal authority cited in support of this part of the OTT policy is 5 MRSA § 1982(9). Section 1982 sets out the responsibilities of the OIT Director, and subsection 9 states: 9. Protection of information files. The Chief Information Officer shall develop rules regarding the safeguarding, maintenance and use of information files relating to data processing, subject to the approval of the commissioner. The office is responsible for the enforcement of those rules. All data files are the property of the agency or agencies responsible for their collection and use.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most