Kentucky Administrative Regulations › Title 1 - LEGISLATIVE RESEARCH COMMISSION › Chapter 5 - Computer Information Access › Section 1 KAR 5:010 - Accession of public records by means of electronic data processing procedures

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 7, Chapter 48, KRS 61.870-61.884.
NECESSITY, FUNCTION, AND CONFORMITY: KRS 7.110(1) requires the
				Legislative Research Commission (LRC) to promulgate necessary administrative
				regulations relating to the accession of those public records in machine
				readable form that LRC is empowered to inspect. KRS 48.800(5) requires each
				branch of government to make available public records relating to budgeting in
				machine readable form, to facilitate their accession by means of electronic
				data processing procedures employed by the LRC. KRS 61.870 to 61.884 authorizes
				the inspection of public records, and provides exceptions. This administrative
				regulation defines essential terms and sets forth general provisions which
				apply to all public agencies, and their respective budget units that produce
				machine readable public records subject to inspection by LRC.
Section 1. Applicability. Public records
			 accession administrative regulations shall apply to all public agencies of
			 government and budget units thereof, which utilize electronic data processing
			 equipment and procedures to process public records.
Section 2. Definitions.
(1) "Agency contact" means computer
			 programming and operations personnel designated by the official custodian to
			 work with the Legislative Research Commission to expedite a request.
(2) "Budget unit" means any subdivision of
			 any branch of government, however designated, for which appropriations are
			 requested.
(3) "Computer" means a
			 device capable of accepting information, applying prescribed processes to the
			 information, and supplying the results of these processes. It usually consists
			 of input and output devices, storage, arithmetic, and logical units, and a
			 control unit.
(4) "Custodian" means
			 the official custodian or any authorized person having personal custody and
			 control of public records.
(5)
			 "Data" means any or all facts, numbers, letters, and symbols, or facts that
			 refer to or describe an object, idea, condition or situation, which can be
			 processed or produced by a computer.
(6) "Data processing" means the preparation
			 of source media which contain data or basic elements of information, and the
			 handling of such data according to precise rules of procedure to accomplish
			 such operations as classifying, sorting, calculating, summarizing, and
			 recording.
(7) "Electronic data
			 processing" means data processing performed by a system of electronic or
			 electrical machines so interconnected and interacting as to reduce to a minimum
			 the need for human assistance or intervention.
(8) "Documentation" means the historical
			 reference and group of techniques necessary to detail the structure,
			 organization, and presentation of recorded specialized knowledge in machine
			 readable form.
(9) "Electronic data
			 processing equipment" means a machine, or group of interconnected machines,
			 consisting of input, storage, computing, control, and output devices, which
			 uses electronic circuitry in the main computing element to perform arithmetic
			 and/or logical operations automatically by means of internally stored or
			 externally controlled programmed instructions.
(10) "File" means an organized collection of
			 information directed toward some purpose.
(11) "Legislative Research Commission" means
			 the Legislative Research Commission, its co-chairmen or director, any other
			 member of the General Assembly authorized by the director, or any employee
			 authorized by the director.
(12)
			 "Machine readable" means information in the form of magnetic code or optical
			 image that can be processed directly by computers and other related
			 machines.
(13) "Official custodian"
			 means the chief administrative officer or any other officer or employee of a
			 public agency who is responsible for the maintenance, care and keeping of
			 public records, regardless of whether such records are in his actual personal
			 custody and control.
(14) "Public
			 agency" means every state or local office, state department, division, bureau,
			 board, commission and authority; every legislative board commission, committee
			 and officer; every county and city governing body, council, school district
			 board, special district board, municipal corporation, and any board,
			 department, committee, subcommittee, ad hoc committee, council or agency
			 thereof; and other body which is created by state or local authority and which
			 derives at least twenty-five (25) percent of its funds from state or local
			 authority.
(15) "Public record"
			 means all official books, papers, exhibits, cards, tapes, discs, diskettes,
			 readings, electronic images, electronic optical images or documentary materials
			 regardless of physical form or characteristics, which are prepared, owned,
			 used, in the possession of, received or retained by a public agency.
(16) "Read only access" means the ability to
			 enter and make use of data stored in machine readable files, without altering
			 its contents or form, or the file structure.