2. What physical form of records are covered?

In defining public writing to include "such a record as is reasonably necessary to record the business and activities . . . [of] a public officer," Stone, 404 So. 2d at 681 (emphasis in original), the Supreme Court of Alabama's interpretation of the State's Public Records Law arguably extends to audio-visual materials and computerized information as well as traditional paper documents.

A 1984 State Attorney General's opinion concluded that a computer printout bound in book form satisfied the requirement that sheriffs keep a "well-bound book" in their offices to be subject to the inspection of the public during office hours pursuant to Alabama Code § 36-22-8 (1991). 197 Op. Att'y Gen. Ala. 21 (Nov. 16, 1984). That opinion notes that "the Legislature when enacting a statute cannot take in account modern equipment which is not in existence when a statute is written. . . . [A]s long as the purpose of the statute is carried out, there is no reason that the simplest method of achieving that purpose cannot be used." Id. at 22.

At least one trial court in Alabama has found that when a public agency keeps its records on computer, the computer records themselves are "public writings" under Alabama law. See Birmingham News Co. v. Peevy, 21 Media L. Rep. (BNA) 2125, 2125-26 (Cir. Ct. of Montgomery County, Ala., July 22, 1993) (motor vehicle records [hereinafter "MVRs"] kept on computer) (as of Sept. 13, 1997, access to MVRs is governed by 18 U.S.C. § 2721). Some of the most recent legislation regarding public records explicitly permits access to public records in various forms. See, e.g., Ala. Code § 22-9A-21(f) (1997): When records of birth and death become "nonrestricted public records," "[t]he records may be made available for viewing in photographic, digital, electronic, or other suitable format as provided for by the rules of the [State Board of Health]." See also Alabama Rules of Judicial Administration 33 (dissemination of computer-based court information).