Social Media and Public Records Laws

Guidance for local, state and federal agencies

State Public Records Laws & Social Media

The Freedom of Information Act, or FOIA, was enacted in 1966 to give citizens the right to access information from the federal government to ensure transparency. All 50 states have public records laws, similar to and often modeled upon FOIA, designed to allow members of the public to obtain documents and other public records from state and local government bodies.

Though they vary in scope and application, most states define records similarly, using language that encompasses all information “regardless of physical form or characteristics”. This definition was designed to remain relevant as the form and format of communication changes through the years from parchment to paper to posts. Simply put, social media is public record.

The following example of this language comes from Pennsylvania’s definition of a record:

View Pennsylvania definition

From the Pennsylvania Right to Know Law:

“Record.” Information, regardless of physical form or characteristics, that documents a transaction or activity of an agency and that is created, received or retained pursuant to law or in connection with a transaction, business or activity of the agency. The term includes a document, paper, letter, map, book, tape, photograph, film or sound recording, information stored or maintained electronically and a data-processed or image- processed document.

Guidelines from States on Social Media as Public Record

In all states, content defines the record more than format, so social media already falls under the existing laws. However, many states have formally revised the language of their statutes to offer specific guidance on social media and public records. The following are some examples:

Oregon

“Like other forms of communication, social media posts are public records. That means they require you to retain them.”

North Carolina

“Communication through local government-related social media is considered a public record under G.S. 132 and will be managed as such.”

Texas

“Social media sites may contain communications sent to or received by state employees, and such communications are therefore public records subject to State Records Retention requirements. These retention requirements apply regardless of the form of the record (digital text, photos, audio, or video, for example).”

Social Media Records Management in Practice

The first step for public agencies who wish to ensure compliance with their state’s public records laws when using social media is to implement a comprehensive social media policy that clearly states the role of records retention. The City of Tallahassee, FL provides an excellent example of such a policy.

View Tallahassee's Social Media Policy

Excerpt from: City of Tallahassee Social Media and Collaboration Policy (click link for complete policy document)

  • All Social Media sites must clearly indicate that all Posts are subject to public records laws.
  • Do not edit posts. Any post that violates the Terms of Use Agreement or disclaimer should be documented for records retention and then deleted from public view. The comment maker should then be notified that he or she has violated the Terms of Agreement, specifying any and all Terms of Use that were violated.
  • Ensure Social Media Account implementation and usecomplies with applicable mandates, including, but not limited to: Section 508 of the Rehabilitation Act of 1973, ISS Security Policy (Administrative Policy 809), Chapter 119 Florida Statutes, City Policies 140 and 146 (Records Retention and Public Records – Administrative Policy 206), and any other applicable Federal, State or City policy.
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ArchiveSocial and Public Agencies

If you would like to speak with one of the state or local agencies that are currently using ArchiveSocial to meet their state’s records retention requirements, please contact the Sales Team we’ll put you in touch.

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