Montana

The state law specifically defines public records as information stored in electronic format. Although the law does protect privacy concerns, in one case, public disclosure took precedent over privacy interests. Fees vary as agencies are allowed to develop their own fee schedules.

The law. The Public Records Act states that “each person is entitled to a copy of information compiled, created, or otherwise in the custody of public agencies that is in electronic format. . . . All restrictions relating to confidentiality, privacy, business secrets, and copyright are applicable to the electronic information.” Mont. Code Ann. § 2-6-110(1) (1997). The Public Records Management Act, which sets procedures for handling and preserving state records, defines a public record to include “any . . . magnetic tape, computer storage media, . . . or other document . . . regardless of physical form or characteristics.” § 2-6-202(1) (1993). The act prohibits release of names for use as a mailing list without permission from the people on the list. However, that restriction does not apply to lists of voters or certain government employees. § 2-6-109.

Cases & Opinions: The restriction on releasing names does not apply to lists of businesses, agencies or associations, but applies whenever the requester plans unsolicited mailings, house calls or phone calls. An agency does not need to determine the intended use of such a list. A disclaimer signed by the requester under threat of penalty for misrepresentation is sufficient. Mont. Op. Att’y Gen. 59, vol. 38, p. 207 (Nov. 28, 1979). In a noncomputer case, the attorney general advised that the law may require public access to records that do not qualify as “public writings.” Mont. Op. Att’y Gen. 17, vol. 39, p. 62 (June 3, 1981).

The Montana Supreme Court in May 1998 ruled that a state committee appointed to evaluate proposals for the construction of a private prison must provide access to records associated with the selection process. Great Falls Tribune Co. v. Day, 959 P.2d 508 959P.2d 508 (Mont. 1998)
In June 2000, several Montana news organizations won a six-year legal battle against the state Department of Revenue to obtain access to tax information about coal companies, after the state supreme court ruled that the department’s rule limiting access to the information was unconstitutional. The rule disregarded a constitutional provision requiring all government records to be made public unless a significant privacy concern outweighed the public’s right to know, the court said. Associated Press, Inc. v. Montana Dept. Of Revenue, 4 P.3d 5 (Mont. 2000).

Fees. The law requires a public officer to give a citizen a certified copy of a “public writing . . . on payment of the legal fees therefor.” Mont. Code Ann. § 2-6-102(2) (1993). An agency may charge a fee for access to electronic records equal to: the actual cost of the electronic media used to transfer the data, if not provided by the requester; expenses incurred by the agency in maintaining online access to the requester; other out-of-pocket expenses. § 2-6-110(2) (1997). Additional fees may be imposed for more than 30 minutes of copying time. § 2-6-110(2)(e). The Department of Revenue may charge certain additional fees as reimbursement for the cost of creating and maintaining the property valuation and assessment system database. § 2-6- 110(3).

Resources. Montana Newspaper Association