Navigating the landscape of FOIA and open records laws in the U.S. can be complex, especially when it comes to digital records.
Each state has its own set of regulations dictating how public records, including electronic communications, webpages, and social media posts, should be preserved and accessed.
In this guide, we break down trends in digital recordkeeping requirements across several states, offering an overview of how different jurisdictions handle FOIA and open records compliance.
Disclaimer: This guide is provided as a general overview of digital recordkeeping requirements under FOIA and open records laws across various states. We are a third-party provider and do not represent any government entity. Because state laws and regulations can change frequently, it’s essential to consult your state’s current legislation and your legal team to ensure full compliance with the latest requirements in your jurisdiction.
Last Updated: August 2025
Florida, known for its robust "Government-in-the-Sunshine" laws, has detailed provisions under Chapter 119 Florida Statutes that mandate the preservation of a wide range of documents, including digital records. The law’s definition of a “record” is broad, encompassing not just traditional documents but also any “paper, letter, map, book, tape recording” or similar forms. The content and purpose of an electronic message or social media post often determine if it qualifies as a record.
According to page 85 of the 2025 Edition Government-In-The-Sunshine Manual:
“To the extent that the information on the city’s Facebook page constitutes a public record, the city is under an obligation to follow the public records retention schedules established in accordance with s. 257.36(6), F.S. Id.”
In other words, information and activity on social media pages can indeed constitute a public record if it discusses or involves activity related to government. Even content placed on an individual’s privately owned social media account could be subject to open record laws in Florida. As seen in Bear v. Escambia County Board of County Commissioners (March 2022), messages on a public official’s private social media account were still considered public records because they involved the official’s interactions with the public and his duties as a commissioner.
According to the 2023 Edition Government-In-The-Sunshine Manual, page 85:
“...placement of material on a city’s Facebook page is presumably in connection with the transaction of official business and thus subject to Ch. 119, F.S., although the determination would be made based upon the definition of “public record” contained in s. 119.11, F.S AGO 09-19. To the extent that the information on the city’s Facebook page constitutes a public record, the city is under an obligation to follow the public records retention schedules...”
California’s California Public Records Act (CPRA) focuses on accessibility and transparency for all “writings” related to public business, regardless of format. According to California’s Records Management Handbook, ensuring records have descriptive metadata is essential to facilitate quick search and retrieval of records.
For California agencies, the emphasis on “Trustworthy Electronic Document or Record Preservation” means agencies must ensure that digital records are managed in a way that is “trustworthy” and reliably preserves content for future access.
Excerpt:
"Because these websites can be shut down at any moment in time, creating a plan on how to export records from a social media site to a record keeping system is important.... If the public is able to interact with the agency via the social media platform, there needs to be a mechanism to track and manage all comments and questions in accordance with the retention schedule.”
In Illinois, open records laws require that any record tied to government functions be retained, though the state avoids a one-size-fits-all retention period. This flexibility requires careful management to determine retention based on each record’s purpose. The state makes clear that content, rather than format, drives whether something is a record.
"All records, reports, forms, writings, letters, memoranda, books, papers, maps, photographs, microfilms, cards, tapes, recordings, electronic data processing records, electronic communications, recorded information and all other documentary materials pertaining to the transaction of public business, regardless of physical form or characteristics, having been prepared by or for, or having been or being used by, received by, in the possession of, or under the control of any public body.”
According to the Illinois State Archives, in Managing Social Media & the State and Local Records Acts: A Quick Guide for Social Media Policy and Management:
Yes, website content can be subject to open records laws in Illinois.
Though the management recommendations for websites are not the focus of the Quick Guide for Social Media Policy and Management document, some of the recommendations put forward can apply to an agency’s website.
In Massachusetts, the open records landscape emphasizes accessibility. The Massachusetts Public Records Law specifies that all recorded information held by government bodies is public unless explicitly exempted. This open stance means that everything from emails to social media posts must be accessible if it relates to public duties. Records Access Officers (RAOs) play a vital role in Massachusetts, with legal obligations to provide records promptly or to explain any delays.
M.G.L. Chapter 4, Section 7, Clause 26:
"Public records'' shall mean all books, papers, maps, photographs, recorded tapes, financial statements, statistical tabulations, or other documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any agency, executive office, department, board, commission, bureau, division or authority of the commonwealth, or of any political subdivision thereof, or of any authority established by the general court to serve a public purpose, or any person, corporation, association, partnership or other legal entity which receives or expends public funds for the payment or administration of pensions for any current or former employees of the commonwealth or any political subdivision as defined in section 1 of chapter 32.
Are Social Media Posts Subject to Open Records Laws in Massachusetts?
Yes, social media posts are open records in Massachusetts.
Social media posts are encompassed under email recordkeeping requirements: “any message created on an electronic mail system,” which in turn is defined as “a service that provides facilities for creating messages, transmitting them through a network and displaying them on a recipient’s computer terminal.” SPR Bulletin 1-99 (2003). (Jump to section on electronic mail recordkeeping requirements.)
Therefore, public entities should:
Websites that offer transactions (like submissions of payments, applications, and more) need to retain and provide access to all data related to such transactions.
Are Microsoft Teams Chats Subject to Open Records Laws in Massachusetts?Though there is no specific guidance for instant messaging communications, the guidance for email in section 5 of the Electronic Records Management Guidelines would apply.
This requires the retention of specific information, including:
Further, any recordkeeping systems for the maintenance of electronic mail records should:
Massachusetts Digital Records Guidance Resources
New York’s Freedom of Information Law (FOIL) defines public records broadly, covering any information “kept, held, filed, produced or reproduced” by an agency. This means that anything from social media posts to web content falls under FOIL, so long as it relates to public business. Agencies are required to provide records in a requestor’s preferred format whenever possible, a principle that reinforces New York’s commitment to public accessibility.
“Any information kept, held, filed, produced or reproduced by, with or for an agency or the state legislature, in any physical form whatsoever including, but not limited to, reports, statements, examinations, memoranda, opinions, folders, files, books, manuals, pamphlets, forms, papers, designs, drawings, maps, photos, letters, microfilms, computer tapes or discs, rules, regulations or codes.”
From Electronic Records | New York State Archives guidelines:
Yes, social media posts are open records in New York State.
According to New York State Archives, in their Understanding the Importance of Managing Social Media Records document:
“The retention of some social media content may prove relatively easy. For example, if a government is uploading videos to YouTube and has turned off the comments, it’s possible to maintain the original file as the official copy and consider the copy on YouTube a duplicate. The retention period is applied to the original file. Likewise, if the government is simply reposting a press release to its social media, it may be possible to treat the social media posting as a duplicate and retain the original press release as the official copy. Realistically, however, most social media records will be more complicated to manage. “
They recommend using a cloud-based social media archiving tool that will capture your social media records and store them on their own servers, which provide their own suite of management tools to allow users to organize, view, and store their social media records for a wide variety of social media platforms.
Ohio has long been recognized for its commitment to government transparency. Under the state’s public records laws, agencies are required to provide access to a wide range of documents and communications upon request. But as more records are created and stored digitally, understanding the scope of Ohio’s laws—and how they apply to electronic records—is more important than ever.
Ohio Public Records Act, Revised Code § 149.43
According to Section 149.43, division (A)(1), of the Ohio Revised Code, the official definition of “public record” includes:
“Any records kept by a public office, including, but not limited to, state, county, city, village, township, and school district units, and records pertaining to the delivery of educational services by an alternative school in this state.”
The Ohio Attorney General narrows this broad definition down into more specific details, explaining that a “public office” is any “state agency, public institution, political subdivision, or other organized body” that is “established by the laws of [Ohio] for the exercise of any function of government.”
In other words, any body established by Ohio law that performs any duties related to or involved in government is subject to open records laws.
The Attorney General further clarifies that a “public record” must:
Electronic records—including email, text messages, social media posts, and instant messages—are treated the same as paper records if they document public business. Metadata and native formats must be preserved.
Yes, social media posts are subject to open records laws in Ohio. Social media content related to official business is considered public record. Agencies must determine if it's a primary record or duplicate (e.g., if a press release is posted elsewhere)
Yes, website content may be subject to open records laws in Ohio. Public-facing webpages and their metadata fall under the Public Records Act when documenting official duties.
Yes, Microsoft Teams chats can be subject to open records laws in Ohio.
Messages between government offices and officials or messages that reach public offices can be considered public records. Upon request, Teams chats must be able to be prepared and made available for inspection.
Texas law requires public information to be “promptly” released to requestors, minus certain exceptions. The state legislature has amended Texas’ Public Information Act (PIA) several times; a notable instance occurred in 2013, when “internet posting[s]” and “electronic communication[s]” in connection with the transaction of official state government were added to the definition of “public information.”
“...information that is written, produced, collected, assembled, or maintained under a law or ordinance or in connection with the transaction of official business:
(1) by a governmental body;
(2) for a governmental body and the governmental body:
(3) by an individual officer or employee of a governmental body in the officer's or employee's official capacity, and the information pertains to official business of the governmental body.”
- (A) owns the information;
- (B) has a right of access to the information; or
- (C) spends or contributes public money for the purpose of writing, producing, collecting, assembling, or maintaining the information; or
Yes, social media posts are open records in Texas. In 2013, the state added language to the Texas Public Information Act to clarify that “internet postings” are considered public information if the postings are connected with official government business.
In March 2023, the Texas Department of Information Resources (DIR) released an 18-page document titled “Social Media Resource Guide.” In it, the agency suggests that all state agencies adopt a Public Social Media Policy that addresses the Texas Public Information Act.
Additionally, the State Board of Education website reads,
“Social media sites may contain communications sent to or received by state employees, and such communications are therefore public records subject to State Records Retention requirements. These retention requirements apply regardless of the form of the record (digital text, photos, audio, or video, for example).
To the extent that the third-party records retention policies are inconsistent with the Texas State Record Retention Schedule, the SBOE will put forth reasonable efforts to archive copies of social media content in order to meet state records retention obligations.”
Yes, website content is subject to open records laws in Texas based on the “internet posting” inclusion of public information.
Yes, Microsoft Teams chats can be subject to Texas open records laws. State law provides that instant messages and other electronic communications are forms of media in which public information may be held.
Washington’s Public Records Act (PRA), originally passed by voter initiative in 1972, is built on the principle that access to public records is a fundamental right. The law applies broadly to “any writing” related to the conduct of government, whether on paper, email, text, or other digital formats.
As agencies increasingly rely on modern communication tools, staying compliant means understanding that both content and context determine whether a message qualifies as a public record.
According to the Washington State Legislature:
“‘Public record’ includes any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics. For the office of the secretary of the senate and the office of the chief clerk of the house of representatives, public records means legislative records as defined in RCW 40.14.100 and also means the following: All budget and financial records; personnel leave, travel, and payroll records; records of legislative sessions; reports submitted to the legislature; and any other record designated a public record by any official action of the senate or the house of representatives. This definition does not include records that are not otherwise required to be retained by the agency and are held by volunteers who:
(a) Do not serve in an administrative capacity;
(b) Have not been appointed by the agency to an agency board, commission, or internship; and
(c) Do not have a supervisory role or delegated agency authority.”
State and local agencies must manage electronic records with integrity using metadata capture, retention schedules, and tools that preserve content and authenticity. MRSC provides best practices for managing electronic and web records.
Yes, social media posts are open records in Washington and are therefore subject to open records laws.
Agency social media content, including comments, metadata, and subscriber info, is public records and must be preserved per PRA. Policies must notify users that public records law applies.
Yes, website content can be subject to open records laws in Washington.
Website content is public record if it documents government activities. Guidance includes preserving technical documentation, snapshots, metadata, and site management records.
Yes, Microsoft Teams chats can be subject to open records laws in Washington.
Instant messaging platforms like Teams fall under the PRA if used in government business, and they must be retained and accessible upon request.
The Wisconsin Code lays out the legislature’s current interpretation of “records” and “custodians” of those public records that shall be available upon request. Informal opinions and guidance from state agencies and elected officials have helped fill in the gaps when it comes to applying modern electronic communications, such as social media, to state law.
Wisconsin Open Records Legislation
Chapter 19, Section 32 of the Wisconsin Code defines a “record” as “any material on which written, drawn, printed, spoken, visual, or electromagnetic information or electronically generated or stored data is recorded or preserved, regardless of physical form or characteristics, that has been created or is being kept by an authority.”
In the next line, the law goes on to state that records may include (but are not limited to) “handwritten, typed, or printed pages, maps, charts, photographs, films, recordings, tapes, optical discs, and any other medium on which electronically generated or stored data is recorded or preserved.
Wisconsin statutory law and case law have held that the content of a record is its determinative factor—NOT the format, location, or medium. Therefore, electronic records are subject to the same preservation requirements laid out in Chapter 16, Section 61 of the Wisconsin Code.
Chapter 12 of the Administrative Code clarifies standards and requirements for electronic records management.
Yes, according to the most recent Public Records Law Compliance Guide compiled by the Wisconsin attorney general in May 2024.
It reads:
Yes, website content is generally subject to Wisconsin open records laws. State law clarifies that a “record” includes “any other medium on which electronically generated or stored data is recorded or preserved.” This excerpt may apply to website content.
Wisconsin law makes it clear that email messages sent or received on a state authority’s “computer system” are records. A 2021 summation of the Wisconsin Public Records Law for state employees lays out that a “text, instant message, chat, post, or file” related to government business constitutes a record.
Arizona’s public records law grants broad access to government records, emphasizing that public officers are custodians of records on behalf of the people. The law covers “books, papers, maps, photographs or other documentary materials,” including those in digital form.
As agencies adopt newer technologies, the key consideration remains whether a record documents official activities, regardless of the platform or format used.
Arizona Public Records Law, Title 39, Chapter 1
In Arizona, a “record” means:
“All books, papers, maps, photographs or other documentary materials, regardless of physical form or characteristics, including prints or copies of such items produced or reproduced on film or electronic media pursuant to section 41-151.16, made or received by any governmental agency in pursuance of law or in connection with the transaction of public business and preserved or appropriate for preservation by the agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations or other activities of the government, or because of the informational and historical value of data contained in the record.
(b) Includes records that are made confidential by statute.
(c) Does not include library or museum material made or acquired solely for reference or exhibition purposes, extra copies of documents preserved only for convenience of reference, and stocks of publications or documents intended for sale or distribution to interested persons.”
Electronic messages on government-issued devices or accounts are public records unless strictly personal. Private-device communications must be reported if they involve government business.
Yes, social media posts are open records in Arizona. Agency social media accounts are considered public records, meaning content and posts must be preserved under records retention rules.
Yes, website content is subject to open records laws in Arizona. Official websites posting government-related material fall under public record jurisdiction.
Yes, Microsoft Teams chats can be subject to open records laws in Arizona. Government-related messages on Teams, email, or via texts are considered public records, even if they’re created and sent on personal devices, so long as they are related to official duties.
The Georgia Open Records Act issues comprehensive guidance on media that may be considered public records, including “computer based or generated information.” Further down, the Act mentions “electronic messages, whether in the form of e-mail, text message, or other format” in the context of public records.
Georgia Open Records Legislation
The Georgia Open Records Act, codified in Title 50 (Sections 18-70 through 18-77) of the Georgia Code, defines “public record[s]” as “all documents, papers, letters, maps, books, tapes, photographs, computer based or generated information, data, data fields, or similar material prepared and maintained or received by an agency or by a private person or entity in the performance of a service or function for or on behalf of an agency or when such documents have been transferred to a private person or entity by an agency for storage or future governmental use.”
The Georgia Code includes “computer based or generated information, data, data fields, or similar material” in its definition of public records. Therefore, the state legislature has explicitly included digital records as materials subject to the Georgia Open Records Act.
Yes, Georgia’s Open Records Act applies to social media posts. The Georgia Technology Authority’s website holds that “[any] content maintained in a social media format related to agency business, including communication posted by our Agency and communication received from citizens, is a public record. The Department maintaining the site is responsible for responding completely and accurately to any public records request for social media content.”
On a separate page, the same agency writes that social media records should be continuously captured and preserved and “maintained in an authentic format,” complete with metadata and indexed by date, content type, and keywords.
Additionally, Georgia’s Union County has a page dedicated to web and social media content on its official website. It reads, “website and social media records in Georgia must adhere to laws and policies regarding copyright, records retention, Freedom of Information Act (FOIA), the Georgia Open Records Act, First Amendment, privacy laws, sunshine laws, and information security policies.”
Yes, website content is subject to open record laws in Georgia. Website content is included in the state’s definition of “public records.” More specifically, Georgia law clarifies that “computer based or generated information” by a government agency or by a private entity for government matters is public record.
ACCG, a Georgia nonprofit that aids county governments in following various state laws, wrote in 2020 that social media posts’ external content—which often includes website content—is public record.
Yes, Microsoft Teams chats can be subject to open records laws in Georgia based on Section 18-71 of Title 50 of the Georgia Code. Paragraph (g) mentions that requesters may ask “to inspect or copy electronic messages, whether in the form of e-mail, text message, or other format.”
Learn more about how other government agencies and public sector organizations are capturing, preserving, maintaining, and producing records for FOIA and open records requests in these case studies: