Kentucky Ruling Spurs Compliance Risks: Personal Devices Now a Public Records Gray Area

This week, we explore four significant developments in public records law. In Kentucky, a Supreme Court ruling has changed the landscape for records officers, determining that text messages and emails on personal devices of public officials are not subject to the Open Records Act. This decision could lead to increased scrutiny on agency-issued device policies and retention practices. In Louisiana, a troubling precedent emerges as West Baton Rouge Parish sues a journalist over records requests, potentially signaling a new tactic for agencies under pressure. This could lead to similar legal maneuvers in other jurisdictions facing politically sensitive requests. On the federal level, the Electronic Frontier Foundation has filed a lawsuit against the Department of Homeland Security and Immigration and Customs Enforcement for ignoring expedited FOIA requests. This case highlights the breakdown of statutory deadlines and suggests litigation may become the primary enforcement tool for expedited requests. Finally, in California, a lawsuit against the city of San Jose seeks court-appointed oversight due to alleged sustained non-compliance with the Public Records Act. This case could set a precedent for structural intervention in response to repeated violations by public agencies. 📚 Sources: https://www.lpm.org/news/2026-04-23/kentucky-supreme-court-rules-officials-can-hide-public-business-on-personal-devices https://www.rcfp.org/wbr-independent-lawsuit/ https://www.eff.org/press/releases/eff-sues-dhs-and-ice-records-subpoenas-seeking-unmask-online-critics-0 https://sanjosespotlight.com/lawsuit-challenges-san-joses-public-records-practices/