ISC Policy 12.00: Open Access to Electronic Information

The State of Tennessee will use information technology (IT), as well as emerging technologies, in order to provide efficient, effective, equal, and universal citizen access to public information as defined by law and will provide the IT and guidance required to support the management of electronic records.

 

REFERENCE:

Tennessee Code Annotated, Sections 4-3-1022; 4-3-5501, et seq.; 10-7-301; 10-7-503; 10-7-504.

Federal laws, such as the Freedom of Information Act, the Privacy Act, and the Americans with Disabilities Act, which govern the use, disclosure, and accessibility of data collected by government programs which are partially or completely federally funded.

Electronic Records Policy, Tennessee Public Records Commission

OBJECTIVES:

1.    Based upon statutory authorization, establish convenience fees for the cost recovery of e-commerce services where appropriate and approved by the Portal Advisory Committee.

2.    Promote interaction among citizens, governments, businesses, and organizations, as well as efficient dissemination of mission-related public information, through the use of IT. 

3.    Provide broad, equitable, and affordable access to electronically-stored, public records while seeking to ensure that all citizens have access to such records. This includes those with disabilities, limited financial resources, and/or those with limited access to IT resources.

4.    Support the Electronic Records Policy of the State of Tennessee.

5.    Assure protection of the individual citizen's privacy rights by safeguarding electronically-stored, legally-defined private and confidential information. 

6.    Maximize the convenience and cost-effectiveness of electronic access to public information through intergovernmental coordination and organization of information. 

7.    Provide a coherent and collaborative framework for government agencies to address these objectives. 

 

SCOPE:

Electronically-stored public records

 

IMPLEMENTATION:

Department of Finance & Administration, Strategic Technology Solutions (STS)

1.    Incorporate in the Information Systems Planning process (see Policy No. 7.00) a component which addresses the electronic dissemination and access of public information to Tennessee citizens. 

2.    Require that appropriate security controls are in place to protect critical systems and to prohibit access to restricted information by remote electronic means. 

3.    Provide IT infrastructure and guidance to support the proper management of unstructured electronic records owned, leased or controlled by the State of Tennessee to the extent permitted by law.

4.    Guided by statute(s), manage the State’s portal and establish convenience fees to recover costs for e-commerce services.

5.    Provide the infrastructure for remote access to public records via the most widely dispersed and generally available technologies. 

6.    Promote collaboration among government agencies to provide citizens with access to "related" public records. Through the "bundling" of these records, STS will seek to avoid duplication of information, to make access to information more convenient for citizens. 

 

Agency Business Management and IT Resources

1.    Provide access to electronically-stored public records. .

2.    Confer with the appropriate agency officials to identify the types of electronic public records and public record information under their custody which are exempt from inspection, examination, and copying under Tennessee's Open Records Law or other legislation. 

3.    Assess and define electronic dissemination and access needs, together with the information systems required to respond to those needs, for any new systems at an early stage of the project planning process. 

4.    Be knowledgeable of all electronic public access activities that involve the agency's data. 

5.    Provide adequate staff training in the requirements of Tennessee's Open Records Laws and the responsibilities set forth in this policy, with particular attention to staff's responsibility for maintaining the confidentiality of exempt information or records. 

6.    Ensure that all electronic data subject to restricted access (in accordance with Tennessee's Open Records laws and other applicable statutes or regulations which authorize such restriction) are properly identified and managed. 

7.    Assure that all data provided for electronic dissemination and access to the public are kept up-to-date and accurate. 

8.    Adhere to established guidelines and statutes concerning the calculation of charges for the creation and provision of online electronic access to public records, as well as for the copying of electronic files. 

9.    Publicize that public information can be accessed via IT resources. 

Last Revised 04-06-2022, Approved by the Information Systems Council