The Sunshine Law applies to all public records, “whether written or electronically stored.” Mo.Rev.Stat. § 610.010(6). Any member of a public governmental body who transmits any message relating to public business must concurrently transmit the message either to the member’s public office computer or to the custodian of records in the same format, to formalize it as a public record (subject to the enumerated exceptions). Mo.Rev.Stat. § 610.026.1(1).
In a lawsuit over access to e-mail messages from the office of Gov. Matt Blunt, the parties settled, agreeing that the records were subject to the Sunshine Law and required to be released unless exemptions applied.
Electronic records must be retained in the same way as all other records.