Page 2 - TIPJar Summer 2017

Editor’s Note:

The Aftermath of City of San Jose

BY PENELOPE R. GLOVER

hen WikiLeaks confirmed the applica- law’s affirmation of your data—and discuss a
published tion of the California these responsibilities, it related records reten-
Wmore than Public Records Act is now more important tion topic, litigation
20,000 leaked Demo- to communications than ever that public holds.
cratic National Commit- made from or stored on agencies recognize the
tee emails in the heat personal devices and obligations they have to If you’d like more infor-
of the 2016 presiden- in personal accounts, educate their officials mation on the City of San
tial election, political foisting an untested set and employees on their Jose decision or any oth-
journalist Olivia Nuzzi of responsibilities onto policies and procedures er technology-related
famously tweeted that public agencies and the in order to better meet legal issue you’re facing,
one should “Dance like people who serve them. their evolving legal obli- feel free to get in touch
no one is watching; email gations. with an attorney in our
like it may one day be Now, there is no doubt Technology & Innovation
read aloud in a deposi- that individual public In this issue of the TIP Practice Group at one of
tion.” agency employees are Jar, we explain City of our eight offices located
responsible for retaining San Jose’s big takeaways, statewide. And if you’ve
Nuzzi’s adage has long agency-related emails guide public agencies got questions or sugges-
been true for public and texts sent to or from through California’s tions for the TIP Jar, feel
agency officials and their personal devices aging records retention free to get in touch. 
employees, whose work and accounts. They laws, and talk tech tools
communications are gen- are also responsible for for retaining commu- Penelope R. Glover is Senior
erally a matter of public searching or consent- nications between Counsel in Lozano Smith’s
record. But the Cali- ing to a search of their folks like teachers and Walnut Creek office and
fornia Supreme Court’s devices and accounts for students. We also pro- chair of the firm’s Technol-
recent decision in City of responsive records re- vide real-world, expert ogy & Innovation Practice
San Jose v. Superior Court quested under the Public guidance on spotting Group.
(2017) 2 Cal.5th 608 Records Act. With the metadata—data about

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