In March, the State Supreme Court published a decision that held that any records (emails, texts, etc.) on public employees’ private phones, computer or servers that relate to public business are public records and may be disclosed under the California Public Records Act (City of San Jose v. Superior Court).
Prior to this court decision, the state law had been that if the public employees’ records relating to public business were on their private phones or computers, they were not subject to disclosure under the CPRA, since they were not controlled by the public employee’s agency.
The court acknowledged there exists legitimate public employee privacy concerns. However, a public employee’s comments should be subject to disclosure. This decision opens the door to disciplining an employee for their comments when they are using their private phone or computer for work, or it may cause them to have problems at work.
CAPE strongly urges members to not use personal phones or computers for work. If there is a concern or question, call CAPE.