State’s Email-Deletion Policy Raises Questions

New York Governor Andrew Cuomo’s office announced in 2013 that it would use Microsoft Office 365 — an email and software management system to consolidate 27 agency email systems, improve access to applications, share calendars in a cloud-based system, and save taxpayer dollars. It recently implemented this software. Many aspects about the new system make sense and will hopefully improve inter-agency communication.

What is troubling, however, is that last month, upon its implementation, reports circulated that thousands of state-agency emails were deleted. The governor’s office has instituted a 90-day, automatic-deletion policy. This should concern all who believe we should have greater transparency in government. The timing of the deletions is also suspect, as it comes on the heels of the latest corruption scandal in Albany involving Assembly Speaker Sheldon Silver.

Various advocacy groups suggest the email purges infringe on the New York State Freedom of Information Law, which allows any member of the public to request government records. In fact, a pending court case involving the New York Racing Authority just shed light on the problems with the email deletions. The plaintiff’s lawyer received notice that emails requested from the defendant under the Freedom of Information Law could not be produced due to the recent email purges.

In light of advancements in technology, it’s hard to believe that state emails could not be saved, on either a cloud-storage system or another connected storage device. Technology experts estimated that the new system put in place can save up to 30 years worth of data. Even if the new system has the capacity to store a fraction of this amount of data, it seems prudent to take all measures possible to retain the files. These official communications generated by state agencies are made possible with taxpayer dollars, after all. By comparison, the federal government maintains a policy that electronic communications such as emails are saved for seven years. So why delete?

My legislative colleagues in Albany voiced their questions and concerns during the budget hearing on public protection late last month. Margaret Miller, chief information officer with the New York State Office of Information Technology Services, explained at the hearing that all emails older than 90 days would automatically be purged unless state employees took measures to save their documents in a special retention folder. 

The questions I have are similar to what my colleagues asked. Why weren’t documents preserved? Who directed the emails to be deleted? How do state employees know which emails/documents will be needed at a later time? Does the Office of Information Technology Service have the authority to change the 90-day deletion policy? How do other states handle email/data storage?

Many of the questions remained unanswered at the hearing, as Miller was recently appointed in December. The legislature has asked that she report back with findings. Email is a large part of how our government communicates with the public. Without adequate records, the public will have a harder time holding the state accountable. What also remains to be seen is whether this will cost the state more in settlement monies if the state cannot adequately defend itself in court with proper records. I support legislation in the Assembly to change the 90-day automatic-deletion policy and favor greater transparency in Albany.         

William (Will) A. Barclay is the Republican representative of the 120th New York Assembly District, which encompasses most of Oswego County, including the cities of Oswego and Fulton, as well as the town of Lysander in Onondaga County and town of Ellisburg in Jefferson County. Contact him at barclaw@assembly.state.ny.us, or (315) 598-5185.