The WIREdata Corporation, a subsidiary of MetroMLS, Inc., provides real property record information to the real estate community in Wisconsin. In 2001, WIREdata filed an open records request with the City of Port Washington and the villages of Thiensville and Sussex for access to their property assessment records. The municipalities provided the information in digital PDF format, rather than as copies of their computer databases. WIREdata contended that the digital PDF files provided by the municipalities failed to comply with state open records law.
This litigation concerns the state's open records law and its application to requests for access to large data bases created by private contractors on behalf of municipalities. The Wisconsin Supreme Court considered a number of issues about the scope, timing, procedure, cost and format of electronic records involved in open records requests. The Wisconsin Supreme Court affirmed in part, and reversed in part the decision of the Appelate Court (WIREdata, Inc. v. Village of Sussex, 2008 WI 69; 2005AP1473, 2006AP174, and 2006AP175). From the ruling:
This litigation concerns the state's open records law and its application to requests for access to large data bases created by private contractors on behalf of municipalities. The Wisconsin Supreme Court considered a number of issues about the scope, timing, procedure, cost and format of electronic records involved in open records requests. The Wisconsin Supreme Court affirmed in part, and reversed in part the decision of the Appelate Court (WIREdata, Inc. v. Village of Sussex, 2008 WI 69; 2005AP1473, 2006AP174, and 2006AP175). From the ruling:
1. WireData did not properly commence the mandamus actions against the municipalities under the state open records law, because WireData's requests were not denied.
2. WireDatas initial requests were not insufficient as a matter of law as to time and subject matter.
3. A municipalities’ independent contractor assessor is not an authority under open records therefore not a proper recipient of an open records request.
4. A municipality may not avoid liability under open records by contracting with an independent contractor assessor who has custody of the sought after records.
5. The court of appeals was wrong in ruling that supplying data in a pdf format was insufficient.
6. Because no actual fees were charged for the information the municipalities provide WireData in the pdf format, the municipalities did not violate the open records law. Hence, they are not liable for damages.
For links to court documents and oral arguments, visit:
http://www.wicourts.gov/about/resources/casemonth/archive.htm
Court documents and amicus briefs may be found at the link below, but the document is very large ( >1000 pages) and will take a long time to download.
http://www.wicourts.gov/about/resources/casemonth/docs/wiredata.pdf
For links to commentary and legal analyses of this and the preceeding cases, visit:
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