K. On-line dissemination.

The FOIA requires that a “state agency, board, or commission” make certain records “publicly accessible, without charge, in electronic form via the Internet.” Ark. Code Ann. § 25-19-108(b)(1). The custodian may respond to a FOIA request by directing the requestor to the specific Internet location of the information. Ark. Code Ann. § 25-19-108(b)(2).

There are five types of information that agencies, boards, and commissions must make available on the Internet. The first category of information is “[a] description of its organization, including central and field offices, the general course and method of its operations” as well as the organization’s “established locations” and contact information for those locations, including “telephone numbers and street, mailing, electronic mail, and internet addresses and the methods by which the public may obtain access to public records.” Ark. Code Ann. § 25-19-108(a)(1).

The second type of information that the organization must provide is “[a] list and general description of its records, including computer databases.” Ark. Code Ann. § 25-19-108(a)(2).

The third type of information that the organization must provide is “[i]ts regulations, rules of procedure, any formally proposed changes, and all other written statements of policy or interpretations formulated, adopted, or used by the agency, board, or commission in the discharge of its functions.” Ark. Code Ann. § 25-19-108(a)(3)(A). Only items “that directly affect procedure and decision-making” are included in this category. Ark. Code Ann. § 25-19-108(a)(3)(B)(i). The FOIA exempts the following types of information from this rule: “[p]ersonnel policies, procedures, and internal policies” and “[s]urveys, polls, and fact-gathering for decision-making.” Ark. Code Ann. § 25-19-108(a)(3)(B)(ii)–(iii). Additionally, “[s]tatistical data furnished to a state agency shall be posted only after the agency has concluded its final compilation and result.” Ark. Code Ann. § 25-19-108(a)(3)(B)(iv).

The fourth type of information that the organization must make available online is “[a]ll documents composing an administrative adjudication decision in a contested matter, except the parts of the decision that are expressly confidential under state or federal law.” Ark. Code Ann. § 25-19-108(a)(4).

Finally, all records that the organization determines are or will likely become “the subject of frequent requests” must be provided on the Internet, “regardless of medium or format.” Ark. Code Ann. § 25-19-108(a)(5).