Memo warns of e-mail release

IU officials are advising University personnel to obtain private e-mail accounts to send and receive personal messages since their e-mails could be requested as a matter of public record, according to a memo sent Oct. 20 by University lawyers.\nAnything sent or received on an IU e-mail account could be subject to public disclosure, Associate University Counsel Thomas Gannon wrote in the memo to the IU board of trustees, vice presidents and all University chancellors.\nThe e-mail was not sent to students.\nGannon said all University employees and any others, including students, who use IU computing resources, "should expect and assume that all records created and maintained in any format, including e-mail (whether personal or business related), are subject to public disclosure pursuant to (the 1984 Indiana Access to Public Records Act), unless such records clearly fall within an exception to the law."\nStephen Key, general counsel for the Hoosier State Press Association, said the advisement could pose a problem when keeping track of public officials.\n"From a policy standpoint it makes sense for the University to advise employees to not use e-mail on state-owned equipment to do personal messaging," Key said. "The concern is if they quit using University e-mail for University business and communicate on private e-mail accounts. That would be a concern for those trying to hold public officials accountable."\nThe University memo goes on to advise "there is no exception that generally excludes e-mails from disclosure ... according to a recent advisory opinion issue by the Indiana Public Access Counselor."\nThe opinion is not legally binding, though; it is only Counselor Sandra K. Bowman's interpretation of the law.\nBowman could not be reached for comment Wednesday.\nExceptions to disclosure would include patient medical records, information concerning research and information that must be kept confidential under the Family Education Rights and Privacy Act, which includes documents such as University transcripts.\n"This memo merely reinstates the necessity for care in all correspondence," said Fred Eichhorn, president of the board of trustees.\nIf someone attempts to gain access to student e-mail, saying it is a matter of public record, the first defense will be FERPA, Gannon said.\n"If it were deemed that the records of the student were grades or other records that were kept by the University, they wouldn't be released," Gannon said. "That would be the first thing, to see if the student were exempt under FERPA."\nRecently, the Florida Supreme Court ruled that personal e-mail was exempt from the open records statute of that state, but there is no similar ruling pending in Indiana.\n"It's always possible though," Gannon said. "Someone could advance an argument against it, or there could be a change in legislation."\nIn the meantime Gannon suggests if students are worried about their privacy, they simply should get another e-mail address.\n"People may have certain expectations of privacy with their e-mail," he said. "We're just telling them that they need to to re-adjust those expectations. What you write could be public record. If you have concerns you can always get a free account from Yahoo or Hotmail."\nSome students are less than thrilled at the prospect of their e-mail being a matter of public record.\n"That's scary that anyone out there could find things out about me from a personal letter I wrote to my friend," senior Matt Goodman said.\nOthers are less concerned with someone gaining access to their e-mail.\n"I'm not that worried about someone wanting to access it," junior Jenn Kriscunas said. "And if they really want to, there are other ways they can get into it."\n-- Contact staff writer Chris Freiberg at wfreiber@indiana.edu.