Md. Code Regs. 22.01.02.07

Current through Register Vol. 52, No. 1, January 10, 2025

Section 22.01.02.07 - Format of Public Records

A. Except as otherwise provided in this section, if an applicant who is authorized to inspect a public record requests a copy, printout, or photograph of the public record, the Agency custodian shall provide the applicant with:

(1) A copy, printout, or photograph of the public record; or

(2) If the custodian does not have facilities to reproduce the public record, access to the public record to make the copy, printout, or photograph.

B. The Agency custodian shall provide an applicant with a copy of the public record in a searchable and analyzable electronic format if:

(1) The public record already exists in a searchable and analyzable electronic format;

(2) The applicant requests a copy of the public record in a searchable and analyzable electronic format; and

(3) The custodian can provide a copy of the public record, in whole or in part, in a searchable and analyzable electronic format that does not disclose confidential or protected information for which the custodian must or may deny inspection in accordance with the Act or this regulation.

C. The Agency custodian may have metadata removed from an electronic document before providing the electronic document to an applicant by:

(1) Using a software program or function; or

(2) Converting the electronic document into a different searchable and analyzable format.

D. This regulation may not be construed to:

(1) Require the custodian to reconstruct a public record in an electronic format if the custodian no longer has the public record available in an electronic format;

(2) Allow a custodian to make a public record available only in an electronic format;

(3) Require a custodian to create, compile, or program a new public record; or

(4) Require a custodian to release an electronic record in a format that would jeopardize or compromise the security or integrity of the original record or of any proprietary software in which the record is maintained.

E. If a public record exists in a searchable and analyzable electronic format, the act of a custodian providing a portion of the public record in a searchable and analyzable electronic format does not constitute creating a new public record.

F. The copy, printout, or photograph shall be made:

(1) While the public record is in the custody of the custodian;

(2) Whenever practicable, where the public record is kept; and

(3) Within any reasonable time schedule that the Agency custodian may choose to set.

Md. Code Regs. 22.01.02.07

Regulation .07 adopted effective 46:3 Md. R. 106, eff. 2/11/2019