Schiffel, 111721 OHAGO, AGO 2021-025

Docket NºAGO 2021-025
Case DateNovember 17, 2021
CourtOhio
The Honorable Melissa A. Schiffel
AGO 2021-025
OPINION No. 2021-025
Ohio Attorney General Opinion
Ohio Attorney General
November 17, 2021
         The Honorable Melissa A. Schiffel          Delaware County Prosecuting Attorney          145 North Union St., 3rd Floor          Delaware, Ohio 43015          SYLLABUS:          1. Data created by a county office that is merely stored on servers kept and maintained by a county automatic data processing center does not constitute a “record,” as defined by R.C. 149.011(G), of the county automatic data processing center.          2. As the data from a county office electronically stored on servers kept and maintained by a county automatic data processing center does not constitute a “record” of the county automatic data processing center, the center has no authority to respond to public records requests made pursuant to R.C. 149.43.          Dear Prosecutor Schiffel:          You ask for an opinion regarding data of a county office that is electronically stored on servers kept and maintained by a county automatic data processing center. See R.C. 307.842. I have framed your questions as follows:
1. Is data from a county office electronically stored on servers kept and maintained by a county automatic data processing center a “record,” as defined by R.C. 149.011(G), of the county automatic data processing center?
2. Does a county automatic data processing center have authority to respond to public records requests for the data made pursuant to R.C. 149.43?
         For the reasons that follow, I conclude that data of a county office electronically stored on servers kept and maintained by a county automatic data processing center is not a record of the county automatic data processing center for purposes of R.C. 149.43 and R.C. 149.011(G). As such, a county automatic data processing center does not have authority to respond to public record requests regarding the stored data.          I          A county automatic data processing board is created by statute. R.C. 307.84 states: “The board of county commissioners of any county may, by resolution, establish a county automatic data processing board.” The county automatic data processing board “may establish an automatic data processing center which shall provide a centralized system for the use of automatic or electronic...

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