Public Records Laws and Social Media Retention in
Rhode Island
Rhode Island Public Records Act and Social Media Records Management
The Rhode Island Public Records Act governs preserving and maintaining social media records in Rhode Island. The Act identifies “computer-stored data” as a public record, specifically noting that “electronic mail” is included under that definition. As the Act is written broadly to include any material “regardless of physical form or characteristics,” social media records can also be considered public.
Rhode Island Law Text
Excerpt from the Rhode Island Public Records Act
§ 38-2-2 Definitions.
(4) “Public record” or “public records” shall mean all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, magnetic or other tapes, electronic data processing records, computer stored data (including electronic mail messages, except specifically for any electronic mail messages of or to elected officials with or relating to those they represent and correspondence of or to elected officials in their official capacities) or other material regardless of physical form or characteristics made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency.
Guidance from Rhode Island State Attorney General
In guidance from the Rhode Island State Attorney General, the Rhode Island Public Records Act is characterized as being designed to foster government accountability. The document identifies that any exceptions to the Law are “specifically” and “narrowly” defined, suggesting that the Law should otherwise be enacted broadly. Under this guidance and with the broad definition of public records in the Law, social media records in Rhode Island can be considered public.
Attorney General's Guide
Excerpt from the Attorney General’s Guide to Open Government in Rhode Island
WHAT IS THE ACCESS TO PUBLIC RECORDS ACT?
The Access to Public Records Act (APRA) is a chapter of the Rhode Island General Laws designed to provide access to public documents so that the public may participate in their government and so that government will be accountable to the people. By providing access to public records, public bodies receive input from citizens concerning the decisions being contemplated. By observing and participating in their government’s decisions, citizens of this State gain increased accountability from their elected and appointed representatives.
Rhode Island’s Access to Public Records Act provides for this input and accountability by assuring that public records are available to the public. The Access to Public Records Act does, however, recognize that certain types of records are not available for public inspection. The exceptions to the Access to Public Records Act are specifically defined to protect the narrow interests served by the exceptions.
WHEN DOES THE ACCESS TO PUBLIC RECORDS ACT APPLY?
The Access to Public Records Act (APRA) ensures the public’s right to access “public records” maintained by “public bodies.” As with most statutes, these terms have a specific legal definition within the APRA.
The APRA defines a “public record” as “all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, magnetic or other tapes, electronic data processing records, computer stored data (including electronic mail messages, except specifically for any electronic mail messages of or to elected officials with or relating to those they represent and correspondence of or to elected officials in their official capacities) or other material regardless of physical form or characteristics made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency.”
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Rhode Island Social Media Records Management in Practice
The State of Rhode Island implemented a comprehensive social media policy to govern information posted to social networks. The policy clearly states that any information posted on social networking sites “may be construed as an official record” and be subject to the Access to Public Records Act litigation and records retention policies. This policy serves as a model for mitigating litigation risk when managing social media records in Rhode Island.
The State of Rhode Island's Social Networking Policy
Excerpt from the State of Rhode Island Policy on Social Networking.
7. Statement of Concerns
Information posted on Social Networking Sites by State agencies, vendors, employees, and any individuals with access rights to the state’s networks may be construed as an official record and be subject to R.I. General Laws 38-2-1, et seq., as amended titled “Access to Public Records,” litigation requests, litigation holds and record retention policies.