Wednesday, January 2, 2013

AG says broad request for emails doesn't have to be fulfilled for six months

The Boone County clerk can make a man who requested almost a quarter of a million emails wait six months to get the records, Attorney General Jack Conway said in an open-records decision released today.

On Nov. 19, 2012, attorney Paul Croushore requested emails sent from or to 10 individuals, and containing any of 69 terms, during 2011. The clerk's office told him he would have to wait six months, "given the broad scope of the request and the necessity of reviewing each of the estimated 50,000 responsive emails to redact protected information," unless he wanted to reduce the number of search terms, while reserving the right to add more later, the decision says.

Croushore appealed to Conway's office, which cited a decision this year in a case involving the Campbell County Library. It also noted that the decision urged records requesters to "frame their requests as narrowly as possible and, if unable or unwilling to do so, to expect reasonable delays in records production." That decision is 12-ORD-097. Today's is 12-ORD-228.

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