The District of Columbia public records law was changed in 2001 to specifically cover electronic records. In addition, records created after November 2001 are to be posted on the agency’s Web site. Despite the new law, journalists still report problems with agencies saying a request will require hours of expensive programming to fill.

The law. The D.C. Freedom of Information Act affords the public a right to inspect and copy public records of the D.C. government, including the Office of the Mayor and all District agencies.

The term "public record" includes all books, papers, maps, photographs, cards, tapes, recordings, or other documentary materials, regardless of physical form or characteristics prepared, owned, used in the possession of, or retained by a public body. Public records include information stored in an electronic format." D.C. Code Ann.§ 2-502(18).

A public body must make "reasonable" efforts to search for records in electronic form or format, except when the efforts would significantly interfere with the operation of the public body’s automated information system. D.C. Code Ann. § 2-532(a-2)). "Reasonable efforts" means that a public body should not be required to expend more than eight hours of personnel time to reprogram or reformat records. § 2-532(f)(1)).

For all public records created on or after November 1, 2001 that are subject to disclosure "each public body must make these records available on the Internet or, if a Web site has not been established by the public body, by other electronic means." D.C. Code Ann. § § 2-206(b).

Cases & opinions. None found.

Fees. Search fees are limited to $10 for each request. A request is "a single demand for any number of documents." Copying fees are limited to "actual cost." Fees may be waived or reduced if waiver is "in the public interest." § 2- 531

A public body making electronic records available must provide the records in any form or format requested, provided that the person requesting the records pays the costs of reproducing the record in that form or format. D.C. Code Ann. § 2-532(a-1)).