In the case of Parks v. Webb, 2018-Ohio-1578, an Ohio court of claims adopted the report and recommendation of a special master and held that metadata can be a public record subject to disclosure under the Ohio Public Records Act if properly requested.
Metadata is information about an electronic record that organizes and manages the record – e.g., date of production and file names – which is usually kept within the code of electronic records. Because metadata is a public record, school boards must produce such metadata in the format requested by the requester so as to preserve this metadata as a public record. According to the special master, converting a document to a format that removes the metadata – even if the document is identical – diminishes “the content, utility, and value of the requested record.” Parks at ¶15.
School districts and other public entities must be cognizant that requesters may be able to obtain metadata from electronic records as part of a public records request so great care must be taken when responding to such public record requests.
To read the special master’s report and recommendation, click here.
To read the case adopting the special master’s report and recommendation, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.