Judges: Robert T. Stephan, Attorney General
Filed Date: 8/17/1994
Status: Precedential
Modified Date: 7/5/2016
The Honorable James E. Lowther State Representative, 60th District 1549 Berkeley Road Emporia, Kansas 66801
Dear Representative Lowther:
You have requested our opinion on repackaging of a database in the county appraiser's office and the application of the Kansas open records act (KORA), K.S.A.
You inform us that a certified fee appraisal firm was refused access to the commercial property database by the county appraiser's office. We are not provided with sufficient information on this particular record request and subsequent denial of access by the county to make a judgment as to the propriety of the denial. We will therefore proceed with a general discussion of KORA application to this database in the county appraiser's office.
The KORA provides that public records must "be open for inspection by any person. . . ." K.S.A.
Your question does not deal with specific records in the county appraiser's office, therefore, we do not address the issue of whether an exception may apply. A determination of which records in the county appraiser's office have to be disclosed under the KORA is a complicated one. We will direct you to our recent opinion (Attorney General Opinion No.
If the records are mandatorily open and already available in database format, the public agency must provide those records in such format upon request. The agency is not required to acquire or design a special program to produce information in a desired form, but has discretion to allow an individual who requests information to design or provide a computer program to obtain the information in the desired form. Attorney General Opinions No. 89-106; 87-137. [Any person has the right to obtain a computerized voter registration list in computer format under the KORA, if the public agency has the capability of providing the record in that format. Attorney General Opinion No. 88-152.]
However, K.S.A.
In conclusion, the county appraiser's office must provide access to the database maintained in the office, as long as the records requested are open public records and the format is available. The requester of the database may manipulate and repackage the information into a different format for sale as long as the provisions of K.S.A.
Very truly yours,
ROBERT T. STEPHAN Attorney General of Kansas
Nobuko K. Folmsbee Assistant Attorney General
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Enclosure