III. STATE LAW ON ELECTRONIC RECORDS

Until its amendment in 2001, the FOIA did not expressly mention electronic records. However, it applied to “data compilations in any form,” and this provision reached electronic records. See, e.g., Blaylock v. Staley, 293 Ark. 26, 732 S.W.2d 152 (1987). See also Ark. Op. Att’y Gen. No. 99-018 (electronically stored e-mail messages are public records), 97-115 (FOIA applies to “computerized information”). In 1999, the General Assembly created the Electronic Records Study Commission to study public access to electronic information and recommend amendments to the FOIA for consideration by the legislature in 2001. The bill drafted by the ERSC formed the basis for Act 1653 of 2001, which included “electronic or computer-based information” within the FOIA’s definition of public record, Ark. Code Ann. § 25-19-103(5)(A), and made other changes to facilitate public access to data in electronic form. ’