Private emails could be fair game for FOIAs in South Carolina
From Sunshine Review
July 21, 2009 South Carolina citizens have Governor Mark Sanford to thank for the Freedom of Information Act advancement that could make private emails of officials accessible by way of FOIA requests.[1]
[edit] Advancement
South Carolina Governor Mark Sanford unintentionally created a new public record by conducting state business from a private email account.
"Private email accounts routinely used to conduct public business can create a FOIA situation," said an open records attorney.
Governor Mark Sanford set a new precedent for the disclosure of personal emails, amounting to just under 200 of the 3,000 emails his office released last week.
[edit] Private emails on the job
Sending and receiving private emails on a state-owned computer could also create a FOIA obligation for officials and politicians.
Former Chief Legal Counsel Henry White warned the governor and his staff a few years ago not to conduct state business on private emails while at a state-owned computer.
"When in doubt, disclose [the] requested information," S.C. Attorney General Henry McMaster wrote in a 2008 guide to the Freedom of Information Act. "When in doubt, release the document."
[edit] External links
- South Carolina's official government website
- Governor Mark Sanford's official government website
- South Carolina's FOIA
[edit] Reference
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