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Elkhart County updates public-records policy to limit commercial data-mining requests
Summary
County attorneys told commissioners the updated public-records policy will allow the county to deny electronic-data requests made solely for commercial data-mining; the board approved the update unanimously, citing state statutory authority.
County Attorney Steve Olson told the Board of Commissioners on May 26 that Elkhart County is updating its public-records request policies to address an increase in requests made for commercial data aggregation. Olson said the change would allow the county to prohibit requests for electronic data storage that are submitted for commercial purposes, often described in the meeting as "data mining."
Olson said the county has a standardized form for public-record requests and that the proposed policy mirrors similar state policies. He told commissioners the state statute permits the county to restrict electronic-data-storage requests that are for commercial use only. The proposed update seeks to limit the burden on county staff and taxpayer dollars when third parties request extensive electronic records for resale or other purely commercial ends.
Commissioners voted to adopt the updates as presented. Olson described the policy as a targeted measure to distinguish routine public-records access from requests intended to build proprietary datasets for sale to third parties.
The ordinance sets policy parameters but, as Olson noted, relies on the existing statutory framework; the text referenced state statute authority but did not cite a specific code section during the meeting.
