Dairy State - Local Open Government Blog http://www.localopengovernment.com/articles/public-records/ en-us Copyright 2011 Mon, 19 Jul 2010 08:53:58 -0800 Wed, 31 Aug 2011 07:33:22 -0800 http://www.movabletype.org/?v=3.34 http://blogs.law.harvard.edu/tech/rss Wisconsin Supreme Court Holds Employee's Personal E-mails Not Public Records On July 16, 2010, the Wisconsin Supreme Court ruled that a public employee's personal e-mails are not public records under that State's Public Records Law. Like Washington, Wisconsin has broad public disclosure laws. Or, as noted by the Supreme Court, "[i]f Wisconsin were not known as the Dairy State it could be known, and rightfully so, as the Sunshine State." But, the Court held personal e-mails "are not a part of government business," simply because they may be sent or received on a Wisconsin local government's e-mail and computer system.

This holding is similar to (and cites) a Washington Court of Appeals decision, Tiberino v. Spokane County, 103 Wn. App. 680, 13 P.3d 1104 (2000). There, the Washington court held the personal e-mails were "public records," and excessive personal e-mail use was a reason for discharge of a government employee. However, the personal e-mails were exempt from disclosure under Washington law. While the fact of excessive email use is of legitimate public concern, the actual content of the personal emails was not.

]]> http://www.localopengovernment.com/2010/07/articles/public-records/wisconsin-supreme-court-holds-employees-personal-emails-not-public-records/ http://www.localopengovernment.com/2010/07/articles/public-records/wisconsin-supreme-court-holds-employees-personal-emails-not-public-records/ Dairy StateEmailGovernmentIn the courtsPublic RecordsPublic Records ActPublic disclosureSunshine StateWashington State Court of AppealsWisconsin Supreme Court Mon, 19 Jul 2010 08:53:58 -0800 Steve DiJulio