C. Does the existence of information in electronic format affect its openness?

This question has not been addressed by legislative or judicial action in Alabama, except by implication in one set of statutes and one rule of judicial administration. In 1991, the Alabama Legislature established the Alabama Criminal Justice Information Center ("ACJIC") and mandated that a number of categories of information be sent to the Center by state and local law enforcement agencies for storage in the Center's computer database. Most of the categories of information are public records at the originating agencies, but the ACJIC Act bars public access to its computerized information except on a "need to know" and "right to know" basis. Arguably, the Legislature deems the compilation of that data in computer form to be more invasive of privacy rights than the ungathered data. See Ala. Code §§ 41-9-620 et seq. (2000). See also Ala. Code § 41-9-594 (2000) (ACJIC commission shall appoint a privacy and security committee); Ala. Code § 41-9-636 (2000) ("Provision of information [by ACJIC] shall be limited by . . . the right of privacy . . . ."); Ala. Code § 41-9-642 (2000) (ACJIC legislation gives no authority to "invade the privacy of any citizen").

Rule 33 of the Alabama Rules of Judicial Administration provides the following criteria for evaluating requests for computer-based information that is maintained by the Administrative Office of Courts ("AOC") regarding court cases in Alabama: (1) Availability of data; (2) Specificity of request; (3) Potential for infringement of personal privacy created by release of the information requested; (4) Potential for abuse or misinterpretation of the information requested as it related to its intended use; and (5) Potential disruption to the internal, ongoing business of the courts.

Since most of the information maintained by the AOC was public record information in the courts throughout the state, this rule has the potential to make some public record information inaccessible when it is gathered in computer form.

The Alabama Attorney General has stated that a state agency is not required to produce information electronically that is already available in paper format.  See Op. Att'y Gen. Ala. No. 2007-001, 2006 Ala. AG LEXIS 119 (Oct. 2, 2006).