House Pushes Bill to Prohibit FOIA-Avoiding Messaging Apps
Gongwer reports that the Department of Technology, Management and Budget would have to issue a directive to all agencies not to use any app, software or other technology on an electronic device that prevents the preservation of a public record under a new bill unanimously passed in the state House on Wednesday (6/23). DTMB has indicated support for the bill.
Earlier this year, the Detroit Free Press reported the Department of State Police’s use of an encrypted digital application called Signal which allows for texts, once deleted, to be unrecoverable.
Lawmakers at the time expressed concerns that the use of the apps by department officials runs afoul of the Freedom of Information Act and that it could undermine the evidence discovery process in existing or potential future court cases involving the individuals using the apps.
The bill has been referred to the Senate Oversight Committee.