Wisconsin Freedom of Information Council

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Home Category Blog Are electronic records subject to the Open Records Law?

Are electronic records subject to the Open Records Law?

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Q: Are electronic records subject to the Open Records Law?

A: Yes. Electronic records are subject to the Open Records Law under section 19.32(2), Stats. Where a record originated, and where or how it is stored, does not affect the public's right of access. For example, if a public official conducts public business using her home computer, her emails and records concerning government business are still subject to the Open Records Law - even if she stores them on her home computer. See Attorney General, Wisconsin Department of Justice, Wisconsin Public Records Law: Wis. Stat. §§ 19.31-19.39 Compliance Outline 26-31 (2005).

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