State Police Try To Duck FOIA Request

     FRANKFORT, KY. (CN) – The Commonwealth of Kentucky claims it should not have to give the Courier-Journal the records it requested about the state’s sex offender registry, because the records do not exist in the electronic form in which the newspaper requested them. The state says it would have to perform a few manual operations on a computer to produce the records, so they are exempt.

     The Kentucky State Police appeals to the Franklin County Court an April 27 decision from the state attorney general.
     The attorney general said the state police violated the state’s Open Records Act by failing to provide the Courier-Journal with a copy of the Sex Offender Registry database in Windows XP-Based Excel format.
     The state police say the records are not kept in that electronic form.
     “To provide this information, the Kentucky State Police must conduct an electronic search of its database to extract the data, post the data in a Windows XP-based Excel format and generate a new record for production,” the complaint states. “The Kentucky Open Records Act does not require an agency to generate records of this type for public production.”
     The state police wants the attorney general’s decision vacated.

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