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Sent to you by pakurilecz via Google Reader: Local Government E-mail
and the Freedom of Information Act via Electronic Data Records Law by
Benjamin Wright on 8/19/08
E-discovery under State Open Records or Sunshine Laws

Increasingly, public agencies are required to search for and turn over
e-mail records in response to freedom of information and open records
requests.

Generally speaking, under either state or federal law, a freedom of
information act requires government to disclose requested records to
citizens. Sometimes a FOIA might be known as an open records act or a
sunshine act.

One example: A Kentucky judge required state government to give a man
copies of e-mails between his wife, a state employee, and another state
employee whom the man suspected was having an affair with his wife.
(Associated Press, “Judge: Ky. Man Can See His Wife's E-Mail,” Nov. 20,
2007.) Another example: A newspaper requested under Arizona’s open
records law access to records of e-mail by a county official on county
computers. The official fought the request, claiming the records were
personal and therefore not subject to disclosure. The Arizona Supreme
Court held that the records must be shown to a trial judge. The judge
should then decide whether they are personal records, which are to be
withheld, or public records. (The Reporters Committee for Freedom of
the Press, "Judge must decide whether e-mail is private," April 27,
2007.)
To respond to these requests takes time and resources on the part of
agency IT staff. Haphazard records management makes the job more
difficult. Agencies therefore have incentive to keep organized,
searchable, centrally-managed e-mail records.

--Benjamin Wright

Mr. Wright is an advisor to Messaging Architects, developer of e-mail
archival products for public enterprises.


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