7/22/18 Columbus Dispatch - Officials' use of 'delete' apps for texts, emails would violate Ohio law

https://www.dis patch.com/news/20180722/officials-use-of-delete-apps-for-texts-emails-would-violate-ohio-law

By Randy Ludlow

The Columbus Dispatch

Posted at 9:00 AM

Updated at 9:00 AM

Government officials using emails and text messages to handle public business in Ohio had best

avoid apps and software that instantly or automatically delete their digital communications.

Under state law, no public records can be destroyed unless authorized by a public office’s records

retention schedule that specifies how long records must be kept before they are destroyed.

And, if electronic messages are illegally deleted, the Ohio Supreme Court ruled a decade ago that

government officials must pay the costs of attempting to recover them and, if successful, turn them

over for inspection.

A public official’s use of an app that automatically destroys a digital or electronic public record

would violate state law, said Dennis Hetzel, executive director of the Ohio News Media

Association.

“It is clear under Ohio law, as it should be, that the nature of the content of the communications,

not the device or server used, should determine if it is a public record. That includes emails and text

messages. There are many easy, best practices that public officials can and should follow to make

sure these records are preserved,” said Hetzel, also president of the Ohio Coalition for Open

Government.

“Any person who has spent more than 30 seconds in the world of politics knows exactly what will

happen if personal devices become exempt from open-records laws.

That is what will be used for

any and all important communications about government business, and there will be fewer records

— and fewer meaningful public meetings — with a resulting loss in transparency and accountability.

“There are plenty of ways already for public officials to have preliminary dialogue and discussion

outside the public eye. And that’s perfectly appropriate in many situations. So let’s not weaponize

digital secrecy,” Hetzel said.

If a public official uses a personal cellphone for government business, those communications are

public record and must be preserved. Those of a personal nature are not public and are protected

from release.

rludlow@dispatch.com

@RandyLudlow