(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]