Rule 33 Access to electronically stored data, electronic-document images, electronic datastreams, and electronic databases maintained by the Administrative Office of Courts.

A. Authority of the ADC. The Administrative Director of Courts ("the ADC"), acting in accordance with this rule, shall have sole authority over access to and dissemination of all electronically stored data, document images, and datastreams and the databases maintained by the Administrative Office of Courts ("the AOC") on which these data, images, and datastreams are stored.

B. Definitions. The following terms shall have the following meanings when used in this rule:

(1) Electronically stored data is the whole or the partial informational content of court records or documents, which content has been electronically recorded separately from the images of these records or documents and stored in an electronic database maintained by the AOC.

(2) Electronic-document images are graphic reproductions or likenesses of documents electronically encoded and stored on an AOC database that have the capability to be reconstituted from the electronic datastreams in which they are encoded and displayed electronically or printed on paper.

(3) Electronic datastreams are a series of on-and-off electrical switches or impulses that are used to encode, transmit, and store electronic data and electronic-document images on AOC databases.

(4) Electronic databases are the repositories of the datastreams that comprise the electronic data or images that are stored in computer hard drives or other similar electronic-storage devices maintained by the AOC.

C. Access to electronic data. The exclusive means of access by any person or entity to (a) electronic-document images stored in AOC's databases, (b) electronic datastreams stored in AOC's databases, and (c) AOC's databases shall be through registration and subscription to programs created by or for the AOC, such programs currently consisting of AlaCourt, AlaFile, AlaPay and AlaVault, subject to the rules and regulations for those programs and the schedule of charges, access fees, copying fees, or such other charges or fees as the ADC, in his or her sole discretion, may prescribe for such programs, or through such other and different means as the ADC, acting is his or her sole discretion, may prescribe.

D. Access to court records. This rule shall apply only to electronically stored data, electronic datastreams, electronic-document images, and electronic databases. The right of the public to inspect, view, and, upon payment of the prescribed copying cost, make printed copies of court records at the circuit clerks’ offices pursuant to § 36-12-40, Ala. Code 1975, shall continue and shall not be affected by this rule.

E. Exclusive rights of AOC in electronic data. The AOC’s electronically stored data, electronic datastreams, electronic-document images, and electronic databases were compiled by and are maintained by the AOC and are assets of considerable value. No other persons, legal entities, or state governmental departments or agencies shall have any rights in or to them.

F. Prohibition on resale of electronic data. No person, legal entity, or state governmental department or agency that obtains any data, datastreams, or images of court documents stored in an AOC database, directly from the AOC or its agents, or indirectly from another, shall sell, barter, trade, or, in exchange for money, credit, goods, services or anything of value, transfer, convey, or provide access to or copies of such data, datastreams, or images stored on AOC's databases except with the express written approval of the ADC.

G. Authorized agreements. The ADC and the AOC may enter into such agreements with other persons or entities to assist the AOC in the sale of subscriptions or other means of access to electronically stored data, electronic datastreams, and electronic-document images created from AOC's databases and may with regard to such subscriptions or other means of access charge such sums or fees as the ADC, in the exercise of his or her discretion, may prescribe.

H. Requests for compilation and release of electronic data or information derived from electronic databases. The discretion to authorize the compilation and release of electronic data or information that may be derived from AOC's databases shall be exclusively vested in and exercised by the ADC under this subsection of the rule.

(1) This subsection does not apply to requests for electronic-document images or printed copies of the same, requests for the electronic datastreams from which images or copies of documents stored on AOC's databases may be reproduced or printed, or requests for the electronic databases themselves. Access to these items is provided for in subsection C, above.

(2) Requests for compilations and release of information made pursuant to this subsection must be submitted in writing to the Administrative Director of Courts, 300 Dexter Avenue, Montgomery, AL 36104-3741, on an application form approved and provided by the ADC. The ADC may require the disclosure by the requesting party on applications of such information as the ADC shall deem necessary to evaluate and exercise discretion in determining whether to grant the request made in the application. All information requested on the application form must be completed in full for the application to be considered. Completed application forms shall be considered public records and the property of the AOC upon their submission to the AOC by the requesting party.

(3) The ADC may require any person requesting the compilation and release of data or information pursuant to this rule to enter into a contract with the AOC in which the requesting party shall agree (a) to pay the estimated cost incurred in compiling the requested information before any work is performed by the AOC to compile the information; (b) not to sell any information or data received pursuant to the request; and (c) to release the ADC, the AOC, and all officers and employees of the Unified Judicial System from any errors in compiling and providing the information supplied.

(4) The requesting party shall bear the cost of compiling the data requested and produced, and the ADC shall not provide such information until payment of all costs incurred in compiling the information is received. Such costs shall include, but not be limited to, a reasonable per hour charge for the work of computer programmers required to write the code or other software or programs necessary to compile, capture, and display the data compilation requested.

(5) The requesting party shall not use any data or information obtained pursuant to this rule for any purpose from which the requesting party or others will profit or that will otherwise generate revenue. The ADC may waive this provision upon written request from the requesting party if the information obtained is used for scholarly, journalistic, and/or research publications.

[Amended 9-28-87, eff. 10-1-87; Amended eff. 10-24-2008.]

Appendix. UJS Computer Data Dissemination Requests—Procedures.

APPENDIX. UJS COMPUTER DATA DISSEMINATION REQUESTS—PROCEDURES

I. Submission of request. Request for information contained in the statewide computer data base shall be submitted by the requestor directly to the administrative director of courts (“ADC”).

II. Multiple requests. The ADC will not approve a request that is substantially identical to one received from the same source within six months prior to the date of the request.

III. Application form.

A. Any person requesting access to UJS computer-based data shall complete an application form, approved by the ADC, which provides the following information:

1. Written notice that the completed application form is itself a public record once submitted.

2. Identifying information of requestor

a. date of request

b. name of requestor

c. address

d. telephone number

e. affiliation or identification of the party the requestor represents

3. Concise and specific description of requested information.

4. Statement on the reasons the information is sought.

5. Specific statement of intended use of information.

6. Person(s) or organization(s) to whom the information will be disclosed or distributed. B. In addition, the application form shall include a section to be completed by the ADC, which includes the following:

1. date of receipt

2. notification of acceptance or rejection

3. reasons for rejection

4. estimated cost

IV. Any person requesting access to UJS computer-based data shall complete a contract agreeing to pay actual cost incurred in producing such information and releasing the ADC and all officers and employees of the UJS from errors in the information supplied. In addition, the requestor shall assume all liability for any use or disclosure of the information beyond that authorized and disclosed by the requestor in his or her application.

V. Exempted or excluded information. Records sealed, exempted, or otherwise restricted by law or rule may not be released to the general public except by court order. Request for information of the following types shall be excluded, exempted or otherwise restricted. This is not an exhaustive list, but only provides examples of the types of information which shall be considered nonavailable or confidential and not subject to public disclosure:

1. Juvenile matters

2. Adoption matters

3. Mental proceeding matters

4. Personnel matters

5. Criminal matters involving sexual offenses committed on a minor under 18 years of age

6. Nonavailable data

VI. Availability of data. Information “made to order,” rather than information readily available, is not subject to disclosure and will not be produced, unless it can be shown to possess significant potential for the enhancement of the judicial system. The ADC shall determine whether a significant potential for enhancement of the judicial system exists. “Available” data means that the information requested is computer-based and is in a current retrievable format.

Form C-75. Application and Request for Computer-Based Data of the Unified Judicial System from the Administrative Office of Courts

Unified Judicial System COMPUTER-BASED DATA OF THE UNIFIED Form C-75 10/08 JUDICIAL SYSTEM FROM THE ADMINISTRATIVE OFFICE OF COURTS

NOTICE TO REQUESTER:

This application, when submitted according to the procedures adopted by the Administrative Director of Courts, will be processed and evaluated in accordance with Rule 33, Alabama Rules of Judicial Administration. If you have made a request within the preceding six months for computer-based data which is substantially identical to this request for information, your request will be denied. If your request is approved, costs will accrue in accordance with the contract completed in conjunction with the approval of the request. Therefore, before submitting this application, carefully consider whether the information requested will meet your needs and if it is required for your objective.

PART!.

DATE OF REQUEST:. ____________________________

NAMEOFREQUESTER.:_____________________________

ADDRESS OF REQUESTER:.__________________________

EMAIL ADDRESS:.____________ PHONE NUMBER:. __________

(A). NAME OF PERSON OR ENTITY ON WHOSE BEHALF THIS REQUEST IS MADE:

(8). DESCRIBE INFORMATION REQUESTED (Be Specific):

(C). A SPECIFIC AND COMPLETE STATEMENT OF THE REASON(S) FOR THE REQUEST:

(D). A SPECIFIC AND COMPLETE STATEMENT OF ALL INTENDED USES OF THE INFORMATION:

(E). LIST PERSON(S) OR ENTITIES TO WHOM THE INFORMATION WILL BE DISCLOSED OR DISTRIBUTED:

SIGNATURE OF REQUESTER/ TITLE