Text Messaging Featured Article

Public records laws are generally in place to keep public officials accountable for their actions. It also ensures public money is used appropriately and that decisions are not made in contradiction to governing guidelines. However, there is some debate regarding when business is conducted outside of the standard process, because of the potential for information to land outside of the public record.

This was a primary concern among citizens in Maine, who believed state workers were using text messaging to make decisions outside of general oversight. Headlines in the state have focused on the capabilities afforded state workers, since 4,500 have access to smartphone text messaging technology that could, in theory, keep conversations private.

It’s still unclear as to the number of state employees who are using the technology for state business, but many in leadership claim that it just isn’t happening for state business purposes. Peter Steele, the communications director for Gov. Paul LePage, has gone to great lengths to announce that there is no secret messaging system.

While most government workers in the state do carry a BlackBerry (News - Alert) device, most do not use them for text messaging and those who do are not using the more covert BlackBerry phone-to-phone system. Even if these employees were using the more covert approach, LePage believes the messages would be retrievable and still subject to public record laws.

This use came into question when a former employee shared with the Legislature’s Government Oversight Committee that she was taught to use text messaging as a way to keep conversations private and away from public records law. The state contends that the majority of employees don’t even have the supported text messaging plan on their phones, although this only applies to those who are using state-issued devices.

If the state were searching for the means to get around Freedom of Access laws, phone-to-phone and text messaging could prove to be effective in keeping out prying eyes. The challenge, of course, is that text messages can still be retrieved from servers and used to demonstrate that an employee is or is not following the rules.

For any type of interaction, text messaging can be an effective way to communicate “quietly” and keep those messages secure. When it’s a matter of public record, however, the transparency can still be there to keep everyone accountable, regardless of the device.

Whether the employee is working for the state of Maine or the largest enterprise in the U.S., there is a level of security and transparency that must be in place. Who dictates these levels, however, depends upon the organization and the laws that keep individuals accountable.