Personal e-mail between two state government employees using state e-mail accounts on state computers must be disclosed under Kentucky’s Open Records Act. Justice & Public Safety Cabinet v. Malmer, et al, Franklin Cir. Court No. 06-CI-1373.

The Open Records Act and related public access and retention requirements apply equally to electronic and paper records. KRS 171.410(1) (defining “public record” for purposes of Kentucky’s public agency retention statutes to include paper and electronic records).

However, each state and local agency is required by KRS 171.680 to establish its own records retention protocols, subject to the administrative regulation and oversight of the Kentucky Department for Libraries and Archives. Most record retention schedules adopted by Kentucky’s state and local government agencies differentiate among various types of electronic and paper records. These vary widely from agency to agency.