TEXT MESSAGING DEFINED:
Text messages, communications received and sent via a mobile device like a cell phone, may be a government
record. Like paper or email, text messages are just another format on which information can be affixed. If that
information concerns the work of your public office (ORC 149.011), then it is most likely a record of the office to
be retained per your official records retention schedules. Regardless of whether the device is owned by the office
or is the individual’s personal device, text messages meeting the definition of a record are a record of your office.
IS YOUR TEXT A RECORD TO BE RETAINED PER RETENTION SCHEDULE:
• Does it document a business activity, transaction or decision?
• Is it proof of a business-related event or activity or evidence of work completed?
• Do you need it to identify who participated in a business activity or had knowledge of an event?
• Does it have legal or compliance value?
• Could it help resolve a dispute in the future?
• Does the law expect that the office will retain it?
• Do you have the only copy within the office? (ex. It was received from an external source)
• Are you the author responsible for managing it and its responses?
• If it were in paper form, would it be retained?
RISKS AND LIABILITIES TO USING TEXT MESSAGES FOR GOVERNMENT BUSINESS:
Text messages used for business purposes prove challenging to maintain as a record of the office.
Ohio Electronic Records Committee
Tip Sheet
TIPS FOR TEXT MESSAGING RETENTION
Illegal destruction of
records - $1000 per
message (ORC 149.351)
Unable to provide prompt
responses to public
records requests –
violation of public records
laws (ORC 149.43)
Discovery and
Litigation Costs
Basic capture
technology does not
preserve metadata
Reputational
exposure
Making copies of everything
on a phone increases the time
and resources needed to
locate and preserve pertinent
messages and cannot account
for deleted messages.
Retaining messages beyond
stated retention would require
more time and resources to
locate and compile under
public records and/or
discovery requests.
Inadvertent
information exposure
Potential violation of
Open Meetings Law
(ORC 121.22)
OhioERC.org
BEST PRACTICES TO TRY:
1. Policies & User Agreements – As employees are hired, they should sign off on an acknowledgement
that they understand that text messages and mobile devices may be or contain records of the office even
on their own devices. The policy should also clearly state that mobile devices may be collected or
reviewed for public records or litigation purposes.
2. Technical Solutions/Controls – Vendors offer software products and services which can capture, tag,
archive, or backup messages as they are sent and received. These are not one-size-fit-all solutions, but
can provide a means to collect messages needed for a public records request or in discovery review and
can be setup with oversight from your IT services.
3. Asset Inventory – “Office-Issued” mobile devices should be included in an organization’s asset
inventory. This will allow IT services to know which devices would need specialized applications added
or updated, which then could be backed up, and upon employee separation, should be collected. It may
also be beneficial to note those personal devices being used if your office allows “BYOD”.
4. Buy-In – The successful implementation of a text messaging management plan is dependent upon buy-
in and participation from several areas of your office: Legal counsel, IT, security, records management,
Records Commission, etc.
PROS AND CONS TO “OFFICE-ISSUED” AND “BYOD” PHONES:
If the choice is made to allow text messaging, agencies can either provide government-issued devices or allow
a “bring your own device” (BYOD) policy. Below are some considerations for each approach:
Office-Issued Phones Approach
PROS
CONS
Ability to install controls software
Employees may use phones for personal use
Asset tag and track device
Costs – device, service fees, data storage
Texts of separated employees retained
Employees would carry 2 phones
Ability to retain despite end-user actions
taken (ex. Deletions)
Bring Your Own Device (BYOD) Approach
PROS
CONS
Reduces organization technology costs
Business records intermixed with personal
Staff prefer not to carry two phones
Increased legal costs and liability
Organization benefits from users’ desire for
newer technology
More difficult to obtain for public records &
litigation
Difficult to enforce retention & disposition
requirements
Employee(s) take public records with them
when they separate
Employee(s) could lose access to their phone
if attorneys need to get information from it
Data security risks
Lack of end-user support from the
organization
Increased costs for mobile management
software
OhioERC.org
