The Arkansas Freedom of Information Act (FOIA) includes all “electronic or computer-based information” within its definition of public record.
The Arizona Public Records Law applies to all documents in the custody of public officers, who are required “to make and maintain records reasonably necessary to provide knowledge of all activities they undertake in the furtherance of their duties.” Though the law does not include specific language concerning electronic records, including text and SMS messages, there is no evident argument that would exempt them from disclosure.Īrkansas considers all records “required by law to be kept or otherwise kept and that constitute a record of performance or lack of performance of official functions” as public records and requires them to be made available upon request. The Alaska Public Records Act’s definitions of public records encompasses electronic records, though it does not refer to them specifically as such instead, it simply includes all items “regardless of format or physical characteristics.” This includes “books, papers, files, accounts, writings, including drafts and memorializations of conversations.” To that end, the Alaska Public Records Act does not specifically address text or SMS messages, however, there is no evident argument that would exempt texting from disclosure under the law. Note: “When law enforcement requests cell phone location data, only the name of the officer making the request and the date of the request are subject to the Open Records Act, and can only be disclosed after the conclusion of the criminal investigation or prosecution.” Though it does not directly reference text or instant messages, there is no reason to suppose that they should be treated differently than any other form of electronic communication subject to the Public Records Law, specifically email.
The Alabama Public Records Law provides access to “public writings,” which includes electronic records.
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