CFOIC report: Colorado should bar public officials’ use of disappearing messaging apps for official business

The use of disappearing messaging apps by public officials significantly undermines transparency and violates the spirit of open government laws. When officials utilize encrypted applications that automatically erase messages, they evade disclosure requirements, making it impossible for citizens to access critical information about government deliberations. This technological loophole creates a lack of accountability, as these ephemeral communications cannot be retrieved or inspected by the public, thereby diminishing the effectiveness of existing open records acts. To address this vulnerability, experts recommend enacting legislation similar to Michigan’s 2021 statute, which prohibits government entities from using technology that prevents the preservation of public records. This proposed law should be broadened to apply to all state and local officials and agencies, ensuring a comprehensive ban on apps that hinder record retention. By explicitly outlawing tools that facilitate the automatic deletion of communications, regulators can close the gap in current legal frameworks that fail to account for modern digital communication methods. This issue is crucial for the open data community because it highlights a systemic failure in how public sector data is managed and archived. If government communications are intentionally destroyed or hidden via technology, the foundational principle of accessible, auditable public data is compromised. Establishing clear legal prohibitions against disappearing messages ensures that digital communications are treated as public records, maintaining the integrity and availability of data necessary for democratic oversight and informed citizenship.

Source: coloradofoic.org
Published on 2023-07-20

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