New Jersey

The Open Public Records Act includes in its definition of a “government record” any information “stored or maintained electronically.” N.J.S.A. 47:1A-1.1.

E-mail exchanged between Gov. Jon Corzine and his former union-leader girlfriend is protected by the executive privilege, and the New Jersey Supreme Court upheld the order protecting it from release. Wilson v. Brown, 404 N.J. Super. 557 (2009).

For the purpose of retention and back up, electronic messages are treated in the same way as other records. The New Jersey Administrative Code (N.J.A.C. 15:3 et seq.) sets forth retention schedules for various records, including electronic records. The retention schedules vary based on the contents of the records.