What the law saysTennessee Code Annotated10-7-512. Electronic mail communications systemsMonitoring of electronic mail communications – Policy required. -(a) On or before July 1, 2000, the state or any agency, institution, or political subdivision thereof that operates or maintains an electronic mail communications system shall adopt a written policy on any monitoring of electronic mail communications and the circumstances under which it will be conducted.(b) The policy shall include a statement that correspondence of the employee in the form of electronic mail may be a public record under the public records law and may be subject to public inspection under this part.10-7-503 Records open to public inspection”Public record or records” or “state record or records” means all documents, papers, letters, maps, books, photographs, microfilms, electronic data processing files and output, films, sound recordings or other material, regardless of physical form or characteristics, made or received pursuant to law or ordinance or in connection with the transaction of official business by any governmental agency.
Some local officials think the state Legislature should clarify whether all e-mails sent on public computers are public records.
Hamilton County Mayor Claude Ramsey said the issue likely will surface when the county holds a meeting with its legislative delegation in December. Some members of that delegation also think the state should clarify the portions of the law that recently came into dispute in Hamilton County.
State Rep. Vince Dean said it “makes sense” that any e-mail sent on a public computer would be a public record. But the law itself does not address the issues that have muddied its interpretation.
“Any time you’ve got a law that’s in place, it needs to be clear enough the average citizen can pick it up and read it,” Dean said.