(1)(a) "Data" means final versions of statistical or factual information, including statistical or factual data about image files, that:
(A) Is in alphanumeric form reflected in a list, table, graph, chart or other nonnarrative form that can be digitally transmitted or processed;
(B) Is controlled by and regularly created or maintained by, or on behalf of, a state agency; and
(C) Records a measurement, transaction or determination related to the mission of the agency.
(b) "Data" does not include image files, including but not limited to designs, drawings, photos and scanned copies of original documents.
(2) "Dataset" means a named collection of related records, maintained on a storage device, that contains data organized, formatted or structured in a specific or prescribed way.
(3) "Mosaic effect" means a situation in which information in an individual dataset, in isolation, may not pose a risk of identifying an individual, but when combined with other available information could pose such a risk.
(4)(a) "Publishable data" means all data and datasets collected by a state agency.
(b) "Publishable data" does not include:
(A) Data to which a state agency may deny access pursuant to any provision of a federal, state or local law, rule or regulation, or another applicable policy or restriction.
(B) Data that contain a significant amount of information to which a state agency may deny access pursuant to any provision of a federal, state or local law, rule or regulation.
(C) Data that reflect the internal deliberative process of a state agency, including but not limited to negotiating positions, future procurements or pending or reasonably anticipated legal or administrative proceedings.
(D) Data stored on a personal computing device owned by a state agency, or data stored on a portion of a network that has been exclusively assigned to a single agency employee or to a single computing device owned or controlled by a state agency.
(E) Materials subject to copyright, patent, trademark, confidentiality agreements or trade secret protection.
(F) Materials that have commercial value or the disclosure of which could reduce a state agency’s competitive advantage.
(G) Proprietary applications, computer code, software, operating systems and similar materials.
(H) Employment records, internal employee directories or lists, facilities data, information technology and other data related to internal state agency administration.
(I) Any other data the publication of which is prohibited by law.
(5) "State agency" means the executive department, as defined in ORS 174.112, except that "state agency" does not include the Secretary of State or the State Treasurer. [2017 c.720 §1]
Structure 2021 Oregon Revised Statutes
Volume : 07 - Public Facilities and Finance
Chapter 276A - Information Technology
Section 276A.200 - Legislative findings on information resources.
Section 276A.209 - State Information Technology Operating Fund.
Section 276A.230 - Definitions.
Section 276A.253 - Oregon transparency website.
Section 276A.256 - Reports of tax expenditures connected to economic development.
Section 276A.259 - Transparency Oregon Advisory Commission; members; duties; terms; reports.
Section 276A.262 - Transparency Oregon Advisory Commission Fund.
Section 276A.270 - Definitions.
Section 276A.273 - Electronic Government Portal Advisory Board.
Section 276A.276 - Ability to offer government services through portal; portal provider fee; rules.
Section 276A.300 - Information systems security in executive department; rules.
Section 276A.306 - Information security incidents and assessments; reports.
Section 276A.323 - State agency coordination.
Section 276A.326 - Oregon Cybersecurity Advisory Council.
Section 276A.329 - Oregon Cybersecurity Center of Excellence.
Section 276A.332 - Authority of State Chief Information Officer to enter into agreements.
Section 276A.335 - Moneys from federal government and other sources.
Section 276A.350 - Definitions.
Section 276A.353 - Chief Data Officer; duties; rules.
Section 276A.356 - Open data standard.
Section 276A.359 - Technical standards manual.
Section 276A.362 - Release of publishable data on web portal; exemptions; rules.
Section 276A.365 - Information management by state agencies.
Section 276A.368 - Purpose of data; limitation of liability; publishable data in public domain.
Section 276A.403 - Coordination of telecommunications systems.
Section 276A.406 - Acquisition of broadband and communications services.
Section 276A.424 - Connecting Oregon Schools Fund; rules.
Section 276A.500 - Definitions.
Section 276A.506 - Powers of council; advisory committees.
Section 276A.512 - Oregon Geographic Information Council Fund; records and reports.
Section 276A.515 - State geographic information officer; qualifications; duties.