As governments contend with the challenges of keeping information safe from hackers, they must simultaneously comply with state and local transparency laws that require them to make records of communications available to the public. Messaging apps that don’t create an archived record of conversations create more work when responding to public-records requests and leave government entities vulnerable to complaints and lawsuits. EIE Legal is compiling a list of nationwide text messaging lawsuits being brought against government entities to demonstrate the growing problem.
Massachusetts Law for Records Under the Freedom of Information Act Request
The state of Massachusetts includes all records of electronic communications - including text messages - as items subject to a request under the Freedom of Information Act Request. The state law view's text messaging as an electronic record of dialogue that can be entered as evidence in court. 

Fontenac, KS Withholding Records Requested under Kansas Open Records Act (KORA)
For many months, public record requests put in by local newspapers have gone unanswered by the City of Frontenac leading a transparency watchdog group to suggest the law needs to be changed. The issue began when the city council fired three public officials at a meeting without any prior discussion.

Former State Agency Director Sues Arkansas Department of Transportation and Shared Services Over Release of Text Messages
​Former State Agency Director sues to stop of text messages he sent on his then-state-issued cellphone to a vendor's representative. The messages were requested by the Arkansas Democrat-Gazette under the Arkansas Freedom of Information Act based on questions about three state projects totaling $8.2 million with the vendor.

Venice City Council Set To Vote on Final Judgement Over Sunshine Law Violations
The city council in Venice, Florida will vote on whether to approve a consent final judgment to settle a lawsuit over the city’s inability to produce text messages. The consent agreement would cost the city $45,321 in attorney fees and court costs.

Upcoming Event
EIE Legal will be exhibiting at the Illinois Local Government Lawyers Association's 27th Annual Conference on February 17, 2020 at Northern Illinois University. Click for details.
Secure Messaging App for Government
EIE Legal is an encrypted messaging app specifically designed to meet the needs of government entities and ease compliance with FOIA, Open Meetings Act or Sunshine regulations. EIE Legal provides complete privacy and gives users an efficient, encrypted means of communication with staff and colleagues.

In order to take every step possible to protect your communications, choose a messaging platform that has end-to-end encryption and archiving technology. EIE Legal allows users to print or save copies off archived records. The difference with our app is the “encrypted transparency.” TM
View Public Record Laws & Cases by State
Visit encryptedinfoex.com/public-record-map , click on a state to view the state's current public record test messaging laws and recent incidents.
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Previous Government Text Messaging Cases: