Social media records in Kentucky fall under the Kentucky Open Records Act. The Law requires that government agencies manage and maintain all content that they prepared, owned, used, or possess, “regardless of physical form.” Under this definition, social media records in Kentucky do qualify as a public record and therefore must be retained.
Excerpt from the Kentucky Open Records Act.
(2) “Public record” means all books, papers, maps, photographs, cards, tapes, discs, diskettes, recordings, software, or other documentation regardless of physical form or characteristics, which are prepared, owned, used, in the possession of or retained by a public agency.
The Kentucky Department for Libraries and Archives has provided guidelines that explain when social media records in Kentucky should be retained. The document clarifies that social media content does meet the definition of “public records” as outlined in the Kentucky Open Records act and therefore “must be managed in accordance with all applicable laws and regulations.”
Social Media as Public Records The Public Records Act (KRS 171.420-171.740) defines public records as, “…documentary materials, regardless of physical form or characteristics, which are prepared, owned, used, in the possession of or retained by a public agency.” Social media content meets this definition and must be managed in accordance with all applicable laws and regulations.
KRS 171.640 and 171.680 and Kentucky Administrative Regulations, Title 725, Chapter 1, Archives, place responsibility with each agency to manage public records created or received by that agency. Agencies should consult the General Schedule for State Agencies or the Local Government General Records Schedule along with their agency specific records retention schedule, to determine the appropriate retention period for records on social media sites.
The Lexington-Fayette Urban County Government Customer Use Policy for Social Media allows for deleting comments that violate their content policy, but does not require that records be retained. Partial policies like this expose governments to risk, such as First Amendment lawsuits and other legal headaches. The Lexington Police Department references this policy for their department, however they further clarify it on their Facebook page by stating that content is “subject to public disclosure.”
Excerpt from the Lexington-Fayette Urban County Government Customer Use Policy
Commenting on an LFUCG Social Media Site
Lexington-Fayette Urban County Government agencies share information, images and video with the public through external social media websites. Comments made by the public to these sites are reviewed and, while comments will not be edited by LFUCG personnel, a comment may be deleted if it violates the comment policy described here.
Excerpt from the Lexington Police Department Facebook Page Moderation Policy
Long Description: The opinions expressed by visitors to this page do not reflect the opinions of the department. Comments will be monitored and the department reserves the right to remove obscenities, off-topic comments and personal attacks. Any content posted or submitted for posting is subject to public disclosure.
If you would like to speak with one of the cities, counties, or agencies in Kentucky that are currently using ArchiveSocial to meet Kentucky Open Records Act requirements, or would like to learn more about how your social media can comply with the law, just use the button below to get in touch. [include_popup pardotform=”172″]