The Rhode Island Public Records Act dictates the retention and upkeep of social media records in Rhode Island. The Act defines "computer stored data" as a public record and explicitly includes "electronic mail" within its scope. The law is all-encompassing, including materials "without regard to physical form or characteristics," thus, social media records may be considered public records.
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§ 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.
The Rhode Island State Attorney General's guidance emphasizes that the Rhode Island Public Records Act is intended to promote government transparency and accountability. The document notes that any exemptions to the law are "specifically" and "narrowly" defined, indicating that the law should be interpreted broadly. With the law's expansive definition of "public records" to include any material "regardless of physical form or characteristics," social media records in Rhode Island can be presumed to be public records.
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.”
Rhode Island has adopted a comprehensive social media policy that provides guidance on managing information posted on social networks. The policy explicitly acknowledges that such information may be considered an official record and subject to the Access to Public Records Act, including litigation and records retention policies. By adopting this policy, Rhode Island sets an example for effectively managing social media records and minimizing potential litigation risks.
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.
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