III. STATE LAW ON ELECTRONIC RECORDS

The definition of "public record" includes information generated on "magnetic or machine-readable media, electronically stored data, or any other material, regardless of form or characteristics." Ind. Code § 5-14-3-2. The statute was amended in 1993 and 1995 to provide "enhanced access" to electronically stored information if the public agency provides access in that manner. Ind. Code § 5-14-3-3.5. "Enhanced access" is the inspection of a public record (a) by means of an electronic device other than one provided in the office of the public agency, or (b) which requires compiling or creating a list that doesn't result in permanent electronic storage of that information. Ind. Code § 5-14-3-2. A state agency or public agency "may or may not" provide enhanced access solely at its discretion. Ind. Code § 5-14-3-3(c)(1); see also Ind. Code § 5-14-3-3.6(b) ("As an additional means of inspecting and copying public records, a public agency may provide enhanced access to public records maintained by the public agency."); and § 5-14-3-3.5(a)-(b) (authorizing the same for a state agency, as defined in Ind. Code § 4-13-1-1).