Illinois AG Rules That Public Employees’ Personal Emails Are Public Records – Messages Pertaining to Public Business in Personal Email Accounts Subject to Disclosure Under FOIA

Source: Mark E. Burkland, Benjamin Schuster, JD Supra, August 16, 2016

HIGHLIGHTS:
• The Illinois Attorney General (AG) issued a binding opinion under the state’s Freedom of Information Act (FOIA) that email messages sent or received through public employees’ personal email accounts may be public records subject to disclosure under FOIA if the messages pertain to public business.
• The opinion was issued as a result of CNN’s FOIA request seeking all email messages from Chicago Police Department email accounts and personal email accounts related to Laquan McDonald, who was fatally shot by a police officer in October 2014.
• In light of the AG’s opinion, public bodies should expect to receive FOIA requests that specifically request email and text messages sent or received through personal email accounts and on personal devices. Accordingly, each public body should establish clear guidelines requiring employees to turn over, if requested by the public body, personal email and text messages that pertain to public business….