Instant messaging to avoid public record requests?
August 12, 2012 Right to Know Law
ASSOCIATED PRESS
HARRISBURG -- Trainers are telling state workers learning a new phone system that they can use an instant-messaging feature to avoid citizens' public record requests, the state's open records director told Gov. Tom Corbett in a letter.
"During several different training sessions for the implementation of the new statewide telephone system, state employees were specifically instructed that certain telephone messages and instant messages on this system are not subject to the state's open records law," wrote Terry Mutchler, executive director of the Office of Open Records. It happened in at least four training sessions, she said.
In general, phone records are covered by the 2008 law, Mutchler wrote.
But "there's no way to retain" so-called instant messages, which are intended for "quick, routine communications," said Dan Egan, spokesman for the Office of Administration, an agency under Corbett.
Under the law, only "obtainable" records are subject to public release, said Melissa Melewsky, attorney for the Pennsylvania Newspaper Association.
Use of technology to circumvent the law would violate the spirit of Pennsylvania's Right to Know Law, several First Amendment advocates said.
"It's a completely inappropriate way to use technology to avoid accountability," Melewsky said. "It invites abuse."
Egan would not specifically say whether workers have been told in training that instant messaging is a way to avoid Right to Know law requests. Instructors stick to a slide presentation and answer questions only about "features and functionality of the phones and technology," he said.
"We are training nearly 57,000 employees on the new phone system," Egan said. "I cannot vouch for what transpires in every single class; I can only tell you what information is supposed to be presented to employees and what I have witnessed in training myself. I have not seen the letter you are referring to, but if there is incorrect information being conveyed to employees, we are of course very concerned and will take immediate steps to correct it."
The training overseen by the Corbett administration is the latest example of government officials potentially using technology to circumvent state and federal disclosure laws. In New York, Gov. Andrew Cuomo's aides send untraceable messages on BlackBerry phones, according to the New York Times. House Republicans complain that White House aides in the Obama administration conduct business on personal e-mail.
© 2012 The Associated Press – Reprinted with permission. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
HARRISBURG -- Trainers are telling state workers learning a new phone system that they can use an instant-messaging feature to avoid citizens' public record requests, the state's open records director told Gov. Tom Corbett in a letter.
"During several different training sessions for the implementation of the new statewide telephone system, state employees were specifically instructed that certain telephone messages and instant messages on this system are not subject to the state's open records law," wrote Terry Mutchler, executive director of the Office of Open Records. It happened in at least four training sessions, she said.
In general, phone records are covered by the 2008 law, Mutchler wrote.
But "there's no way to retain" so-called instant messages, which are intended for "quick, routine communications," said Dan Egan, spokesman for the Office of Administration, an agency under Corbett.
Under the law, only "obtainable" records are subject to public release, said Melissa Melewsky, attorney for the Pennsylvania Newspaper Association.
Use of technology to circumvent the law would violate the spirit of Pennsylvania's Right to Know Law, several First Amendment advocates said.
"It's a completely inappropriate way to use technology to avoid accountability," Melewsky said. "It invites abuse."
Egan would not specifically say whether workers have been told in training that instant messaging is a way to avoid Right to Know law requests. Instructors stick to a slide presentation and answer questions only about "features and functionality of the phones and technology," he said.
"We are training nearly 57,000 employees on the new phone system," Egan said. "I cannot vouch for what transpires in every single class; I can only tell you what information is supposed to be presented to employees and what I have witnessed in training myself. I have not seen the letter you are referring to, but if there is incorrect information being conveyed to employees, we are of course very concerned and will take immediate steps to correct it."
The training overseen by the Corbett administration is the latest example of government officials potentially using technology to circumvent state and federal disclosure laws. In New York, Gov. Andrew Cuomo's aides send untraceable messages on BlackBerry phones, according to the New York Times. House Republicans complain that White House aides in the Obama administration conduct business on personal e-mail.
© 2012 The Associated Press – Reprinted with permission. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
