Public Information Act - Data Manipulation

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0304*

HOUSE BILL 304
P3 6lr1321

By: Delegate Grammer
Introduced and read first time: January 15, 2026
Assigned to: Government, Labor, and Elections

A BILL ENTITLED

AN ACT concerning 1

Public Information Act – Data Manipulation 2

FOR the purpose of establishing that a new public record is not created if, in responding to 3
a certain request under the Public Information Act, a custodian conducts certain 4
data m anipulation; and generally relating to data manipulation and the Public 5
Information Act. 6

BY repealing and reenacting, with amendments, 7
Article – General Provisions 8
Section 4–205(c) 9
Annotated Code of Maryland 10
(2019 Replacement Volume and 2025 Supplement) 11

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
That the Laws of Maryland read as follows: 13

Article – General Provisions 14

4–205. 15

(c) (1) Except as provided in paragraph (2) of this subsection, the custodian of 16
a public record shall provide an applicant with a copy of the public record in a searchable 17
and analyzable electronic format if: 18

(i) the public record is in a searchable and analyzable electronic 19
format; 20

(ii) the applicant requests a copy of the public record in a searchable 21
and analyzable electronic format; and 22

2 HOUSE BILL 304

(iii) the custodian is able to provide a copy of the public record, in 1
whole or in part, in a searchable and analyzable electronic format that does not disclose: 2

1. confidential or protected inform ation for which the 3
custodian is required to deny inspection in accordance with Subtitle 3, Parts I through III 4
of this title; or 5

2. information for which a custodian has chosen to deny 6
inspection in accordance with Subtitle 3, Part IV of this title. 7

(2) The State Department of Assessments and Taxation is not required to 8
provide an applicant with a copy of the public record in a searchable and analyzable 9
electronic format if the State Department of Assessments and Taxation has provided the 10
public record to a contractor that will provide the applicant a copy of the public record in a 11
searchable and analyzable electronic format for a reasonable cost. 12

(3) A custodian may remove metadata from an electronic document before 13
providing the electronic document to an applicant by: 14

(i) using a software program or function; or 15

(ii) converting the electronic document into a different searchable 16
and analyzable format. 17

(4) This subsection may not be construed to: 18

(i) require the custodian to re construct a public record in an 19
electronic format if the custodian no longer has the public record available in an electronic 20
format; 21

(ii) allow a custodian to make a public record available only in an 22
electronic format; 23

(iii) require a custodian t o create, compile, or program a new public 24
record; or 25

(iv) require a custodian to release an electronic record in a format 26
that would jeopardize or compromise the security or integrity of the original record or of 27
any proprietary software in which the record is maintained. 28

(5) (I) If a public record exists in a searchable and analyzable electronic 29
format, the act of a custodian providing a portion of the public record in a searchable and 30
analyzable electronic format does not constitute creating a new public record. 31

(II) SUBPARAGRAPH (I) OF THIS PARAGRAPH AP PLIES IF A 32
REQUEST REQUIRES DAT A COMPILATION , DATA EXTRACTION , DATA QUERYING , 33
STATISTICAL AGGREGAT ION, OR ANY OTHER DATA MANIPULAT ION THAT THE 34
HOUSE BILL 304 3

RECORDS DATABASE PRO GRAM IS CAPABLE OF P ERFORMING T O PRODUCE THE 1
RECORD. 2

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 3
October 1, 2026. 4