How do state and local governments handle text messages and emails as public records under open records laws?

State and local governments increasingly treat text messages and emails the same way they treat any other government record: by content and function, not by the device or app used to create them. Every U.S. state has an open records or “sunshine” law, and while the details vary, most share a common principle. If a communication documents the business of a public agency, it is generally a public record subject to retention and potential disclosure—even when it was sent from a personal phone or private account.

What makes a message a public record

The deciding factor is usually content, not platform. A text or email tends to qualify as a public record when it:

• Documents an official decision, action, policy, or transaction
• Relates to the conduct of public business or use of public funds
• Is created or received by an official acting in their public capacity

By contrast, purely personal messages—lunch plans, family notes—typically fall outside the definition, even on a government-issued device.

The “personal device” problem

A frequent point of confusion is communications sent through personal phones, private email, or messaging apps. Many state courts and attorneys general have concluded that the medium does not control: a public record created on a private device is still a public record. This creates practical challenges for capture, search, and disclosure, which is why agencies adopt policies addressing personal-device use.

Common compliance challenges

• Capture and preservation. Texts and ephemeral messaging apps may auto-delete, putting records at risk before retention obligations are met.
• Retention schedules. These messages must be kept for their full required period, just like paper or email.
• Search and production. Open records requests and litigation holds require agencies to locate responsive messages wherever they live.

Practical guidance for agencies

Sound practice—reflected in records standards such as ISO 15489—is to manage records by their value and function rather than their format. Agencies typically: define clearly what counts as a record; restrict or govern personal-device use for official business; apply retention schedules to messaging; and train staff so communications are captured and preserved.

For more on managing communications across platforms, see the electronic records topic hub.