The Ohio Public Records Act (“Sunshine Law”) requires that government agencies preserve public records regardless of physical form, including electronic records. It also applies this requirement to every public office, officer, official, and institution.
(A) “Public office” includes any state agency, public institution, political subdivision, or other organized body, office, agency, institution, or entity established by the laws of this state for the exercise of any function of government.
(D) “Public official” includes all officers, employees, or duly authorized representatives or agents of a public office.
(G) “Records” includes any document, device, or item, regardless of physical form or characteristic, including an electronic record as defined in section 1306.01 of the Revised Code, created or received by or coming under the jurisdiction of any public office of the state or its political subdivisions, which serves to document the organization, functions, policies, decisions, procedures, operations, or other activities of the office.
Online certification training on Ohio’s Sunshine Law is now available on the Ohio Attorney General’s website.
The Ohio ERC has explored the issue of social media records management in depth and issued guidelines titled “Social Media: The Records Management Challenge” to assist state agencies in applying the Sunshine Laws to social media. This guide clearly lays out the challenges presented by social media records in Ohio, including the risk of relying on social media platforms to capture all of the requisite data.
Records Management Challenges
When considering the use of social media, it is important to understand the records and information management challenges that these tools may present users.
1. Capture of Content Capturing records created by social media is important for a variety of reasons. An agency may need to retain a posted record due to the administrative, fiscal, legal or historical value of the information, to fulfill public records requests, as part of a litigation hold, or to ensure that the entity fulfills its responsibility for disposing of those records in accordance with its retention and disposition policy. Retaining social media records can be difficult, especially those that are frequently updated. Some social media platforms have developed tools to assist users with capturing content for retention purposes.
It may be necessary to purchase third‐party tools or develop in‐house applications to electronically capture social media records. Capture strategies must be crafted for particular circumstances and tools. Once captured, agencies must also consider how they will access and search the captured information, which may accumulate quickly. For technical recommendations, consult Information Systems Security Agency (ISSA) or ARMA International.
The City of Cleveland offers a great example of a social media policy that explicitly identifies social media content as a public record and identifies the importance of retaining records of non-suitable content that is removed due to non-compliance.
abcnews.go.com, June 18, 2014
Columbia Dispatch, June 11, 2014
If you would like to speak with one of the cities, counties, or agencies in Ohio that are currently using ArchiveSocial to meet Ohio’s Public Records Act requirements, please contact the Sales Team and we’ll put you in touch.