Public Records: Guidelines for Electronic Communications

Data Access and Privacy Office

Minnesota Government Data Practices Act (DPA), Minnesota Statutes Chapter 13, governs the handling of all government data.

Public employees should understand that any information created relating to University business are University records. This includes text messages, voicemail, email, other communication, messaging, collaboration tools, and project management applications. These records therefore (1) should be managed according to University records retention policies, and (2) may be subject to disclosure under the public records laws, such as the DPA.

Public Records: Guidelines for Electronic Communications

The DPA governs all records relating to University business, whether those records exist on your work computer, your home computer, your personal smartphone/tablet, your University email account, or your private email account. Your personal, non-work-related communications are not government data subject to the law, even if they are on a University of Minnesota account, device, or system. University business, especially when it involves private data, should be maintained on University of Minnesota systems.

• All University records, including email and other electronic message formats, are public unless they contain information that is made private by the law, such as private student educational data and private personnel data. Much of our work does not involve private data, and if requested, must be produced.
• Email and text messages sent or received by employees related to University business or work are considered government data and, as such, are subject to the DPA.
• Subject to the University’s Records Retention Schedule, keep what you need and delete what you don't. Examples of items that should be deleted include notices of meetings, directions, scheduling information, and other routine messages that you would not keep in a file if it were a paper communication. Most email and text messages consist of transitory, routine messages that do not need to be maintained. Keep only communications that need to be retained for administrative purposes to document the work of your unit.
• Communications that are related to a public records request or if you have been contacted by Office of the General Counsel regarding a litigation hold, that information must not be deleted until further notice.
• Communications should be moved to a unit’s recordkeeping system or other repository if the data has to be kept for retention purposes. All other communications should be deleted once it no longer serves an administrative purpose.
• It is important to maintain professionalism in all communications. With few exceptions, everyone has the right to the data that the University of Minnesota maintains about them.

Examples of communications that should be saved through the retention period:

• Sets or communicates policy or procedure
• Communicates who, what, why, when, where and how a significant transaction or decision was made
• Administrative data related to business or work product should be transferred to a University recordkeeping system
• Communications that documents or monitors student behavior, consultation or progress

For more information, consult Guide for Electronic Communications for examples of communications that should be kept through their retention period or deleted once administrative use is completed.

If further advice is needed, see the Data Access and Privacy Office under the Office of the General Counsel.