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Can I Delete that Email? Digital Information Meets Data Practices
Provided by Data Practices Office, Minnesota Department of Administration
As technology continues to change the way government does its work, new questions always arise on how certain technology interacts with the Minnesota Government Data Practices Act (Minnesota Statutes, Chapter 13). Here is some practical advice for government entities in creating and maintaining Email.
Don’t treat every email the same! As you’ll see from the following suggestions, entities should consider the content of an employee’s email when responding to data requests or determining how long to keep them.
Understand and identify what is an official record. According to the “Official Records Act” (Minnesota Statutes, section 15.17), government entities are required to “make and preserve all records necessary to a full and accurate knowledge of their official activities.” Employees should work with their supervisor, manager, responsible authority, or data practices compliance official to understand what types of emails may be considered an official record. An email from a grantee about equipment purchases, for example, may be an official record. It is important to remember that although any work-related email is government data, not all email is an official record that an entity is required to keep.
Be lean and efficient with use of email. There are generally three categories of work-related email.
- Email that contains data considered to be an official record.
- Email that serves an existing purpose for an employee to perform his or her work or for an entity to serve its customers, but not an official record.
- Email that are not part of an official record and no longer serves a useful work purpose.
Email in category 1 should be kept according to the entity’s records retention schedule. Email that fit categories 2 and 3 are government data, but not official records, and should be deleted when they no longer serve a useful work-related purpose.
Have policies in place to respond to data practices requests. Generally speaking, all email sent/received by government employees within the scope of their employment is subject to Chapter 13. Statutory requirements for responding to data requests include the following :
- Email must be kept in a manner easily accessible for convenient use (see Minnesota Statutes, section 13.03, subd. 1).
- Email that contains not public data must be protected from unauthorized access (see Minnesota Statutes, section 13.05, subd. 5).
- Entities must respond to requests for email containing public data in an appropriate and prompt manner and within a reasonable time (see Minnesota Statutes, section 13.03, subd. 2(a) and Minnesota Rules, part 1205.0300).
Do you have a personal use policy? While most email used by government entity employees is government data, email of a personal nature may be exempt from the requirements of Chapter 13 if the entity has a policy to allow for the limited use of government email accounts for personal use (see advisory opinion 01-075). For example, an email reminder to the employee’s spouse to pick up milk.
Ensure proper redaction of emails. In responding to a data request, entities may find that certain email contains both public and not public data. Entities must make sure they properly redact any not public data in email in response to a data request.
Create a consistent policy on charging for copies of email. Entities may charge the actual cost for providing email in electronic form (i.e., forwarding an email).* If an entity prints email in response to a request, it may charge 25 cents per page up to 100 pages and the actual cost for copies over 100 pages. Remember that a requester may always inspect data for free. See Actual Cost at MN.gov/admin for more information about charging for copies.
Ask if you need help. Be sure to consult with your entity’s responsible authority, data practices compliance official, records manager or legal counsel as necessary with questions about email content, keeping email and providing email in response to a request. You may always contact the Data Practices Office at 651. 296.6733 or at info.dpo@state.mn.us.
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