Wisconsin

With an explicit public records law in Wisconsin, access to electronic records occurs on equal footing with access to paper records, said Wisconsin State Journal reporter Andy Hall. As a practical matter, Hall said, reporters often fail to request electronic records or file a request at all and "aren’t fully exploiting the fact that electronic records tend to be more economical and can be analyzed more efficiently than their paper counterparts."
In the larger arena of public records, a special legislative committee in 2003 introduced a bill combating the 1996 state supreme court Woznicki decision and subsequent rulings that limited access to records on individuals in light of privacy interests and that the Wisconsin Press Association says "have seriously damaged Wisconsin’s once-great Open Records Law."

The law. Wisconsin Act 27 amended the public records law in 1995 and charged the Department of Administration with creating procedures to transfer and maintain public records on optical disk or electronic format. Wis. Stat. § 16.611(2)(a). Administrative Rule 12, effective May 2001, outlines standards and requirements for electronic records management.

Electronic records follow the same guidelines outlined in the state’s public records law. Public records include "optical disks, electronically formatted documents or other documentary materials, regardless of physical form or characteristics." § 16.61(b).

Requesters may receive records in any format so long as the agency may provide it. Monte Couch v. Sun Prairie Area School Dist. (July 26, 1993) (Docket information not available)

Records custodians are not required to extract information from current records and assemble the data in a new format. § 19.35(L). Administrative Rule 12 stipulates that custodians should "utilize systems that allow records to be masked to exclude confidential or exempt information."

Cases & opinions. Several state supreme court decisions since the mid-1990s allow for custodians to balance public and private interests when deciding to release personal records, not exempt under statute. The person whose personal information is contained in the records may seek circuit court review if records are released. Woznicki v. Erickson, 549 N.W.2d 699 (Wis. 1996) and Milwaukee Teacher’s Education Association v. Milwaukee Board of School Directors, 596 N.W.2d 403 (Wis. 1999). Requesters cannot use their own equipment to copy records without the custodian’s permission. Also, the custodian determines how the record will be copied. Grebner v. Schiebel, 240 Wis. 2d 551, 624 N.W.2d 892 (2001 WI App.).

Fees. Record fees may not exceed "the actual, necessary and direct cost of reproduction and transcription of the record." The records custodian may also provide the records free or at a reduced price if custodian deems it to be in the public interest. Wis. Stat §§ 19.35(L), 19.359(3). Custodians may also charge a locating fee, §19.359(3)c, but may not charge for a computer run (though printout charges may apply). Wis. Op. Att’y Gen. 68.

Software. A computer program, defined as "processes for the treatment and verbalization of data," is not subject to disclosure. Wis. Stat. §§ 22.034(c)(1), 19.36(4). However, material "used as input" or "produced" by the program is open for inspection and copying. § 19.36(4). A former attorney general opined that computer programs developed by the state are available to the public. Wis. Op. Att’y Gen. (Aug. 17, 1970).

Resources. Wisconsin Newspaper Association