D. Are segregable portions of records containing exempt material available?

Yes. Under Ark. Code Ann. § 25-19-105(f)(1), added by Act 1653 of 2001, “[n]o request to inspect, copy, or obtain copies of public records shall be denied on the ground that information exempt from disclosure is commingled with nonexempt information.” Moreover, “[a]ny reasonably segregable portion of a record shall be provided after deletion of the exempt information.” Id. § 25-19-105(f)(2). The amount of information deleted “shall be indicated on the released portion of the record and, if technically feasible, at the place in the record where the deletion was made.” Id. § 25-19-105(f)(3). All costs incurred in separating exempt from non-exempt information are to be borne by the custodian of the records. Id. § 25-19-105(f)(4).

With respect to electronic records, any equipment or software acquired by an agency after July 1, 2001, “shall be in full compliance with the requirements of this section and shall not impede public access to records in electronic form.” Id. § 25-19-105(g). This provision was added to prevent agencies from purchasing or leasing computer equipment and software that cannot separate exempt and non-exempt information commingled in databases and other electronic records.