Managing Electronic Communica ons in
Government ‐ From the Council of State Archivists ‐
www.statearchivists.org
Email, text and instant messages and social media have changed the way government
agencies communicate with their employees and the public, but records management
concerns are often neglected. Consider these points to help keep your agency out of legal
trouble and ensure that critical records are preserved.
Content, not format is important. Just as you wouldn’t keep a letter on yellow paper
longer than one on white paper just because of its color, you wouldn’t keep or destroy
communication based solely on format. Whether a message is sent via email, text, social
media or other means, the content of the message is what determines its value and retention.
If public business is being conducted, it’s a record. Not all communications rise to the
level of official record, but generally if you’re conducting official government business
any related communication is a record. Check with your state or local authorities for your
specific legal and retention requirements.
Public business on private accounts is still public. As recent news stories and court
cases have shown, private accounts or personal devices are subject to public records
laws if they are used to conduct public business. This helps ensure transparency in government and ensures accountability of public employees and officeholders.
Avoid combining public & private communications. In the event of a FOIA, sunshine
law, public records or e-discovery request, someone may search through your correspondence. Keep personal and business communications separate if you wish to protect your privacy.
Understand third-party tools. Using social media or text messages for government communication complicates the process of capturing and preserving records,
since these platforms are typically operated by parties outside of government.
Agencies must clearly understand the limits and user agreements of the technologies being used and plan for records management before information requests come in.
Think hard about BYOD. Both records management and information security can be a
challenge when allowing employees to use their own devices for public work. Clear policies regarding the use of such devices are essential, as are plans for retrieval of record
information from those devices. Mobile Device Management software can help, but only if
implemented properly.
Is there a policy