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April 30, 2010 by
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Perhaps the immediately obvious effect of government transparency is transparency as a tool to battle corruption and to uncover unethical behavior.
Social media, the internet, and technology in general consistently change the scope of public records. So it makes sense that most people don’t consider text messages when using , since it is a relatively recent technological development.
Of course, many government officials use government-issued phones to fulfill their daily duties. And because of the casual nature of text messages, they can be particularly revealing as to the nature of relationships.
In , the Daily Herald was able to confirm suspicions that by having a romantic relationship. They did this by requesting text messages exchanged between the officers’ phones. Being able to for those text messages, and the city’s ability to fulfil that request, was crucial to uncovering that scandal.
But not every city is able to provide those records. In between city employees after the city was unable to fulfill a FOIA request asking for text message records. Until the city figures out how to resolve that issue, communication must be in an archivable format. It makes sense for the mayor to take the issue seriously, because when questions of openness aren’t resolved locally, they will be resolved in other ways. In , the Wind Gap requested text messages from police Chief Craig Armitage and in March of this year, Pennsylvania Office of Open Records has ruled that the . Kudos to the for making the city accountable to its citizens. The borough originally responded that it did not keep such records. If no such text message record exists, the open records office ruled, the borough is required to provide an affidavit saying that.
There seems to be much that isn’t decided yet on the matter of open government and text messages, and it seems many governments aren’t prepared to make such records available. Please share any experiences or information you have regarding text messages and open records requests.
(I began researching the matter after joining today’s , a live chat on every Friday from 2-3 pm EST. I’ve found it to be a thought-provoking, and it’s a great resource for speaking with open government advocates and FOIA experts.)