Is E-mail a Public Record?
Most states now expressly define “public
record” to include information created
by computer or stored in electronic format.
Other states specifically mention e-mail as
a type of public record. However, as discussed
below, not all e-mails sent or received on
government-owned computers are public records.
As one court noted, most public records statutes
do not “define a ‘public record’
as any piece of paper on which a public officer
writes something.” Instead, the statutes
generally require that a “public record”
involve “public” business. For
example, Idaho defines “public record”
as “any writing . . . relating to the
conduct or administration of the public’s
business. . . .” Similarly, Rhode Island
defines a “public record” as material
“made or received pursuant to law or
ordinance or in connection with the transaction
of official business by any agency.”
Sponsoring Entity:
Section
of State & Local Government Law
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