Mr. Frank C. Stebbins
Office of the Attorney GeneralApril 3, 1992
1992 WL 613839 (Miss.A.G.)
Office of the Attorney General
State of Mississippi
*1 April 3, 1992
*1 Mr. Frank C. Stebbins
*1 Executive Director
*1 Central Data Processing Authority
*1 301 North Lamar Street, Suite 508
*1 Jackson, Mississippi 39201–1495
Dear Mr. Stebbins:
*1 Attorney General Mike Moore has received your letter requesting an official opinion and has assigned it to me for research and reply.
*1 Your letter presents for opinion the following question, to-wit:
*1 “Does computer software (software) developed by a State agency fall under the definition of “public records” (MS Code Section 25–61–3) and must software be provided in compliance with the Mississippi Public Records Act of 1983?”
*1 Computer software, which is generally defined in the computer industry as software programs, is typically not data or information, but rather is the tool developed to collect, manipulate and assimilate information. Computer programs utilized by the State of Mississippi and its agencies are either purchased from commercial developers or they are actually developed by the particular agency. Those programs purchased from commercial developers are the intellectual property of those commercial entities and are protected by federal copyright laws. Software programs developed by the State or its agencies are essentially the intellectual property of the State. Computer software programs frequently contain file access information for insuring the integrity and security of data. Therefore, access to file layouts contained in such software would permit unauthorized access and manipulation of data.
*1 In view of the above nature and characteristics of computer software programs, it is the opinion of this office that to the extent that software programs do contain confidential file access information, such software programs are not subject to public disclosure under the Mississippi Public Records Act of 1983.
1992 WL 613839 (Miss.A.G.)
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