Open Government Guide

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Open Records

   I. STATUTE -- BASIC APPLICATION

      C. What records are and are not subject to the act?

         2. What physical form of records are covered?


ORS 192.410(6) specifies that a "writing" includes "handwriting, typewriting, printing, photographing and every means of recording, including letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, files, facsimiles or electronic recordings." This means that all information stored on computer or in microfiche is included. ORS 192.440(2) states that public records may be in "machine readable or electronic form." E-mail is a public record, even including deleted e-mail. Moreover, the Attorney General has taken the position that while public bodies are not required to develop or acquire new or additional software or programs in response to a public records request, they are required to use available software and programs to retrieve available information, even if the report or document has not existed in that form before. Attorney General's Manual, I, C, (1).



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