Government business recordings on personal devices still public records, state board says

DES MOINES — Video recordings of government business, even when made on a personal device, should be considered public records under an advisory opinion issued this week by an Iowa state board.

The Iowa Public Information Board, which oversees the application of the state’s government transparency laws, approved the advisory opinion at a Thursday meeting, stating a recording of government business should be subject to state open records laws, even if the recording was made on a personal device like a cellphone.

Open records law also applies to any corresponding transcription of such a recording, the board’s advisory ruling states.

The ruling was requested by the Benton County Attorney’s Office after an office employee made a recording during a meeting between county officials.

“Clear precedent exists to establish that ‘any medium,’ as used to define a public record, includes personal recording devices. The use of a personal cellphone to record and maintain a public record does not alleviate responsibility to provide a public record upon request,” the Iowa Public Information Board’s advisory opinion reads.

“The recording is a public record that belongs to the county. It is a violation of Iowa Code Chapter 22 to refuse to disclose a public record unless it falls within an exception.”

The board said any transcription of a recording of government business also should be considered a public record subject to open records laws.

According to the board, the Benton County Auditor’s Office employee who recorded the video claimed the recording contained confidential information. The board’s opinion states the recording and transcript should nonetheless be considered public records with any confidential portion redacted.

“Even if the recording contains confidential information that was not included in the transcription, this factor does not support confidentiality,” the board’s opinion states. “The recording could be provided as a public record with redaction of any confidential portions.”

Comments: (515) 355-1300, erin.murphy@thegazette.com

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