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Arkansas' Freedom of Information Act has stepped into the computer age with some of its biggest changes since the mid-1970s.

The key amendment to the nearly 35-year-old act, according to FOIA experts, enlarges the text of the law's definition of public records to include "electronic or computer-based information."

"The effect was to add to (the law) and clarify it," said state Sen. John Brown, who sponsored the FOIA amendment legislation. "There was some vagueness in the Freedom of Information law. ...We wanted to parallel modern technology with existing law."

That means that in the amended FOIA, e-mail messages to and from government officials and government information in databases stored electronically or on computers or storage disks can be considered public record, said Brown.

Also, requests for information under FOI laws can now be submitted not only via a written request, but by e-mail, phone, fax, in person and or other electronic means, such as a government entity's Web site. "That widens the approach," said Robert Fisher, who handles a multitude of FOIA questions annually as ombudsman for the state attorney general.

Instead of being copied onto paper, electronically stored information can now be provided to the public in its electronic form on computer disks, CD-ROMs, optical disks and magnetic tapes, according to a copy of the FOIA amendments provided by law professor John J. Watkins of the University of Arkansas at Fayetteville.

Mac Norton, a private attorney who handles FOIA lawsuits with the Little Rock-based law firm of Wright Lindsey & Jennings, said the amendments bring the law up to speed with modern information technology.

"Electronic records demands are a little different issue than paper records, and the law didn't address the peculiarities of electronic records," he said.

The updated and complete FOIA law is available in the latest edition of the Arkansas Freedom of Information Handbook, printed by the Arkansas Press Association, said Dennis Schick, executive director of APA. About 20,000 copies of the handbook will be printed, said Schick, and will soon be readily available from the APA, state attorney general's and governor's offices, he said.

The amendments were added in 2001's state legislative session following an 18-month report prepared by the Eletronic Records Study Commission, which included Norton, Watkins, and other legal and FOIA experts.

Other amendments and clarifications include:

• The phrase "data compilation" was changed to "data compilations in any medium," meaning "the physical form or material on which records may be stored or represented."

• Any "format" information is stored in is available, now means "the organization, arrangement and form of electronic information," such as if it in the form of spreadsheets or different word-processing programs. The information can also be requested in any format, or software program, that it's readily convertible to and any information requester can specify the format. It can also be requested in electronic form instead of on paper. And any hardware or software acquired since July 1, 2001, can't impede public access to information.

• Computer "software acquired by purchase, lease or license" was excluded from the definition of public records, "to protect proprietary data and ensure that government agencies and other entities subject to the FOIA can easily obtain software necessary to carry out their functions."

• "Custodian" of records is now defined as "the person having administrative control of that record." • FOIA requests now "may be made in person, by telephone, by mail, by facsimile, electronic mail or by other electronic means provided by the custodian," such as the Internet.

• Information doesn't have to be compiled or a new record created by a custodian of records. However, they can "summarize, compile or tailor electronic data in response to FOIA requests and to "provide data in an electronic format to which it is not readily convertible." If that takes more than two hours, a verifiable fee can be assessed for employee time.

• Citizens have the right to "inspect, copy or receive copies of public records." Prior, it wasn't clear whether the law required copies of records to be made and provided.

• No more than "actual costs of reproduction, including the cost of the medium of production, supplies, equipment, and maintenance, but not including agency personnel time associated with searching for, retrieving, reviewing, or copying the records" may be charged. The cost of mailing or transmitting records may be charged, and a breakdown of all fees must be provided.

• Records requests can't be denied because some of the information contained within records is considered unreleasable. That information must be deleted.

• State agencies, boards, and commissions (not including city and county governments, and school districts) must provide organizational descriptions, office locations, methods to access information, e-mail and Internet addresses, a list and general description of its records including databases, regulations, rules and formally proposed changes.

Also, copies of records expected to be frequently requested under FOIA are included, as are administrative adjudication of contested matters.

Now exempted from FOIA is:

•Information of a security nature related to computer networks, such as passwords.

•"Materials, information, examinations and answers to examinations utilized by boards and commissions for purposes of testing applicants for licensure ...."

•State boards and commissions may now hold executive sessions -- meetings closed to the public -- to prepare materials and answers for examinations.