Task force grapples with issues of e-mail
The Government Records Access and Management Task Force heard testimony and discussed how e-mail and other forms of electronic communication should be handled. GRAMA does not now clearly outline what electronic communication is considered public or private.
For almost three hours, the task force discussed:
• Content vs. form: Is it the nature of the information or is it the form, such as paper or CD, that should govern a public record?
• From e-mail to Internet messaging and text messaging, what is considered an exchange of letters, and what is considered a conversation? GRAMA currently deems some correspondence with elected officials as public but deems conversation as private.
• Public business vs. private: Some states have differentiated between public e-mails that deal with government business and e-mails that deal with matters unrelated to government work. However, lawmakers noted that it is left up to the individual to make the designation, and sometimes e-mails contain information that is both public and private under these laws.
"I can't imagine anyone who would want to read all my e-mail," said Rep. Ann Hardy, R-Bountiful, adding she is concerned that keeping every scrap of e-mail could cause logistical problems.
Some lawmakers suggested that creating levels of privacy for e-mail should be explored. Some e-mails would be designated public or private, but who exactly would make that designation was not clear. Lawmakers also considered creating a special "privilege" for e-mail communication between lawmakers and between lawmakers and their constituents.
However, some citizens and local advocates for open government cautioned lawmakers of potential dangers in abuse of electronic communication.
Speaking on behalf of the Utah Press Association and Society of Professional Journalists, BYU journalism professor Joel Campbell warned that drawing a curtain in front of e-mails could push decision making at the Legislature and various cities and counties, underground. Campbell said there is danger of using Internet chat rooms and messaging by lawmakers to discuss issues out of earshot by the public.
Citizen Christie Henshaw said she had already caught elected officials discussing issues among themselves via e-mail while refusing to divulge the nature of their conversation. Henshaw warned that such actions should not be allowed to skirt around the Utah Open Meetings Act.
Some local government officials suggested handling e-mail as other paper documents. Boyd Ferguson, with the Salt Lake City Attorney's Office, said city employees are not allowed to send an e-mail unless they designate the e-mail as confidential, public policy or other. Ferguson said this allows the city to easily separate e-mails that the public is allowed to see.
Some lawmakers pointed out that ultimately it is up to the government official or employee to be honest about designating e-mail.
"We have to trust that the people who are getting these things do the right thing," Salt Lake County Recorder Gary Ott pointed out.
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