B. Can the requester obtain a customized search of computer databases to fit particular needs?

As a general rule, public records laws do not require agencies to create records that do not exist. Pursuant to, or consistent with, this principle, the Alaska legislature in 1990 added AS 40.25.115, dealing with requests for "electronic services and products." This provision was an attempt to accommodate the interests of citizens seeking access to information more usefully tailored to their specific needs, and to balance these with the interests of agencies being asked to provide specially-tailored information.  Among these electronic services and products, as defined by AS 29.25.220(1)(A)-(G), are electronic manipulations of data contained in public records in order to tailor the data to the person's request or to develop a product that meets the person's request.

In contrast to the generally non-discretionary duty of public officials to provide public access to public records, a public agency may choose to provide or not provide "electronic services and products involving public records" to members of the public. The legislature has stated that agencies are "encouraged to make information available in usable electronic formats to the greatest extent feasible," but that doing so "may not take priority over the primary responsibilities of a public agency." AS 40.25.115(a). Agencies are allowed to charge an enhanced fee for electronic services and products, including customized searches of computer databases tailored to the requesters' needs. Specifically, the fee for electronic services and products must be based on recovery of the actual incremental costs of providing them, but may also include a "reasonable portion of the cost associated with building and maintaining the information system of the public agency." These may be reduced or waived if the electronic services and products are to be used for a public purpose, including journalism and other categories, so long as fee reductions and waivers are uniformly applied among persons who are similarly situated. AS 40.25.115(b).