Recent Decisions Reflect Diverging Views on Disclosing Records Held in Government Officials' Private Email Accounts

Alexander Ziccardi & Michael Berry, Nat'l Law Review, Oct. 19, 2017

In recent years, the battle over government transparency has opened up a new front—private email accounts. The press and transparency advocates have argued that records kept in a government official's private email account should be accessible through state open records requests if they relate to government business. Some government agencies, however, have been reluctant to hand over such records, contending that emails residing in private accounts are not government records. Last week, the Delaware Attorney General's Office became the latest body to weigh in on this issue.

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