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Griffis v. Pinal County: Establishing When a Public Official's Personal Emails Are Public Records Subject to Disclosure

Abstract

Email has become a prevalent form of workplace communication. When the workplace in question is a public agency or organization, employee emails may be subject to disclosure under public records law. In Griffis v. Pinal County, the Arizona Supreme Court addressed whether "purely personal" emails created and maintained on government-owned computer systems are public records within the scope of Arizona's public records law.  In a 5-0 decision, the court held that such emails are not public records per se. Noting, however, the strong public policy favoring disclosure of public documents, the court held that if, after an in camera review, an email is found to be a public record, there is a presumption in favor of its disclosure, though privacy, confidentiality, or the best interests of the state may outweigh this presumption. The court then vacated the opinion of the court of appeals and remanded the case to the superior court for an in camera inspection of the emails at issue to determine whether they constituted public records.

How to Cite

57 Ariz. L. Rev. 1027 (2007)

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Authors

Lindsay J. Taylor

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