The Kentucky State Police did not violate the Open
Records Act by providing the documents in a portable document format in
response to a request for the records in an Excel spreadsheet.
On Oct. 17, 2016, Attorney General Andy Beshear issued an
opinion in the appeal of an Open Records request in In re: Marcus Green, WDRB/Kentucky State Police, 16-ORD-225.
Green, a WDRB reporter, on Aug. 5, 2016, requested records
relating to state police acquisition and auction of weapons. He asked for the
information in an Excel spreadsheet “should it exist.”
State police responded on Aug. 15 with a copy of the requested
records on a compact disc with the results in
PDF formatting.
In the appeal, Green argued about the difference in format,
stating that “KSP’s decision to provide a database kept in Excel or a
machine-readable format as a PDF violates” the act, citing KRS
61.874(2)(a).
Beshear compared the actual request with the wording of KRS
61.874(2)(a), as Green merely requested the information would be preferable if
it existed. He also noted that Excel files are not standard electronic format.
Beshear noted that the request for Excel format was
nonstandarized, which then required him to look at KRS 61.874(3), for how
the agency may respond. The law says that the agency “may at its discretion”
provide it in the requested format.
Here the state police exercised its discretion and chose not to provide
in the requested format, which means the agency did not violate the Open
Records Act.
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