The existing laws regarding the archiving of public records have been vague. This has led to an increasing number of state governments implementing new laws that can manage the rise of different communication platforms. These laws come with an entirely new retention process. However, it may lead to public offices encountering difficulties. These difficulties come from misconceptions surrounding public records archiving. Here are some of these misbeliefs:
First of all, people think that it is not crucial to record text messages; however, archiving text messages is part of public records law. Another common myth that has been spreading is that the government can rely on carrier networks on retaining mobile communications. This is false because carrier networks do not archive messages for long-term by default. It is also not true that there is a definite period of retention for mobile messages as the retention period for electronic records varies depending on what state you are in. Lastly, if you think that banning text messaging at work is the key to compliance then you are mistaken. The no texting policy is not an FOIA and public records defense.
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