Local Government GIS Coordinator Forum
Access to Data Questions
Jim Sparks, Indiana Geographic Information Officer (GIO)
A: I think that our Access To Public Records Act ensure that a citizen can request and receive a copy of a public record, including GIS data. However this is a legal question and is best answered by a legal expert.
A: APRA (Access to Public Records Act) addresses this question as follows:
“(j) Except as provided in subsection (k), a public agency may charge a fee, uniform to all purchasers, for providing an electronic map that is based upon a reasonable percentage of the agency’s direct cost of maintaining, upgrading, and enhancing the electronic map and for the direct cost of supplying the electronic map in the form requested by the purchaser. If the public agency is within a political subdivision having a fiscal body, the fee is subject to the approval of the fiscal body of the political subdivision. (k) The fee charged by a public agency under subsection (j) to cover costs for maintaining, upgrading, and enhancing an electronic map may be waived by the public agency if the electronic map for which the fee is charged will be used for a noncommercial purpose, including the following:
- Public agency program support.
- Nonprofit activities.
- Academic research.
A:We know of no compilation of this information, although it would certainly be interesting reading.
A: I believe that you are referring to IC 15-14-3(d) and (e), which say:
The opinion from the Public Access Counselor addresses this specifically. The short answer is that section (c) does not apply to GIS data. Here is the long answer:
A: Only the state legislature can answer that question.