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- REQUESTING TEXT MESSAGE TRANSCRIPTS FROM AT T MANUAL
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“I think it’s a very explicit step, but what we’ve seen with other states, is that open records requirements imply that any communication device is fair game." Cruz said.
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Robert Cruz, Vice President, Information Governance Solutions at Smarsh was quoted in the article. In Texas, the governor has gotten ahead of the issue by amending its Public Information Act to add a set of new rules requiring the retention of text messages, including heavy penalties for noncompliance. How are government agencies legislating text message archiving?
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Nearly half of those surveyed-49% of respondents-had little or no confidence they could respond to a request for text records. While 29% of respondents said their agency is archiving text message content, 37% said they were not archiving text and 34% didn’t know either way. In partnership with GovLoop, we surveyed over 300 applicable government employees at the state, local and federal levels who are involved with record keeping. From a “running five minutes late” text to a quick debrief of a committee meeting to an important planning decision, governments are responsible for recording all business communications of employees-and they must put both use policies and retention solutions in place to account for such. Some government agencies might have official policies that prohibit employees from using text for work communications, but that is unrealistic in practice.
REQUESTING TEXT MESSAGE TRANSCRIPTS FROM AT T MANUAL
But those solutions are often manual and time-consuming, like paper filing or photocopying a phone, or collecting devices from employees only after a text message request is submitted. Too often, governments fail to capture and store SMS/text data, or they believe existing solutions are sufficient. Unfortunately, agency policies for records retention have some room for improvement. Government agencies that have not implemented a solution to capture and retain SMS/text and mobile messaging content can still be held responsible in court if communications an employee sends, regardless of device, prove to contain official business information. State governments require that all electronic messages sent from government-issued devices, as well as government communications sent from privately owned devices, by law must be treated as public records. Official laws vary by jurisdiction, but text messages are indeed part of the public record. They are including new and emerging channels and adopting modern use and data retention policies, in order to avoid getting stuck in a legally, financially and/or reputationally vulnerable place.Īre text messages part of the public record?
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To get ahead of this potentially unlawful ambiguity, states like Texas are updating their public records laws (Senate Bill 944) to explicitly outline the parameters of what constitutes government-related communications. These dubious practices have been drawing attention from watchdogs like the Colorado Freedom of Information Coalition and The Denver Post. In Colorado, some officials have taken advantage of gaps in the Colorado Open Records Act (CORA) by using encrypted messaging applications and deleting communications that don’t have definitive retention specifications. Many states aren’t prepared to fulfill complete records requests that include text, IM and social, or they simply choose not to because of loopholes in their records laws. Public records legislation has been slow to adapt to these changes in communication preferences.
REQUESTING TEXT MESSAGE TRANSCRIPTS FROM AT T PROFESSIONAL
Personal and professional conversations comingle across applications and devices. Government employees are corresponding through text, instant messaging, and social media-and adopting new platforms as they emerge.
REQUESTING TEXT MESSAGE TRANSCRIPTS FROM AT T FULL
The full scope of communications included in those laws, however, isn’t always clear or current. Agencies at all levels must be able to produce documentation to satisfy public records requests or support e-discovery events and investigations. requires government agencies to collect and preserve internal and external communications related to government business.