State Supreme Court issues decision on text messages by public employees

The Washington Supreme Court recently issued a new decision on public records (Nissen vs. Pierce County).  The decision confirms that text messages sent and received by a public employee in the employee’s official capacity are public records, regardless of whether the employee uses a private cell phone or a government-issued device. 

Please be aware that texts, emails and other communications sent from or received on privately-owned devices or using private accounts may be subject to a public records requests if they pertain to Western Washington University business. Personal communications made on private devices are not subject to public records requests if they are not related to WWU business.     

If WWU receives a public records request that may include information held on a private device or maintained in a private account, Western employees will be required to provide responsive records to the WWU Public Records Office. 

For questions regarding public records, please contact WWU’s Public Records Office or the Office of the Attorney General.