20130116-IR-060120581PRA Adds 60 IAC 4 to regulate the commercial use of governmental records of the state. Effective 30 days after filing with the Publisher.

TITLE 60 OVERSIGHT COMMITTEE ON PUBLIC RECORDS

Proposed Rule LSA Document #12-581

DIGEST

Adds 60 IAC 4 to regulate the commercial use of governmental records of the state. Effective 30 days after filing with the Publisher.

60 IAC 4

SECTION 1. 60 IAC 4 IS ADDED TO READ AS FOLLOWS:

ARTICLE 4. COMMERCIAL USE OF GOVERNMENTAL RECORDS OF THE STATE

Rule 1. Definitions; Application

60 IAC 4-1-1 Definitions

Authority: IC 5-14-3-3; IC 5-15-5.1-20

Affected: IC 5-15-5.1-1; IC 5-14-3-2

Sec. 1. Unless the context clearly requires another meaning, the following definitions apply throughout this article:

(1) "Commission" has the meaning set forth in IC 5-15-5.1-1.

(2) "Person" has the meaning set forth in IC 5-14-3-2(k).

(Oversight Committee on Public Records; 60 IAC 4-1-1)

60 IAC 4-1-2 Application of article

Authority: IC 5-14-3-3; IC 5-15-5.1-20

Affected: IC 5-15-5.1; IC 5-14-3-3

Sec. 2. The provisions of this article do not apply to third parties operating under contract with the commission.

(Oversight Committee on Public Records; 60 IAC 4-1-2)

60 IAC 4-1-3 Electronic data received by way of public records request; scope of use

Authority: IC 5-14-3-3; IC 5-15-5.1-20

Affected: IC 5-15-5.1; IC 5-14-3-3

Sec. 3. Any person receiving electronic data from the commission by way of a public records request, or from the beneficiary of a public records request, may not:

(1) employ the electronic data for commercial use or benefit; or

(2) transfer the data to another person for the commercial use or benefit of either party.

(Oversight Committee on Public Records; 60 IAC 4-1-3)

60 IAC 4-1-4 Penalty for violation

Authority: IC 5-14-3-3; IC 5-15-5.1-20

Affected: IC 5-15-5.1; IC 5-14-3-3

Sec. 4. Any person acting in violation of this article may be prohibited by the commission from obtaining further data.

(Oversight Committee on Public Records; 60 IAC 4-1-4)

Posted: 01/16/2013 by Legislative Services Agency

DIN: 20130116-IR-060120581PRA

Composed: Nov 01,2016 1:32:26AM EDT

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