Cloudy in California

The “hot button issue” this week on WikiFOIA is “When government employees use private email addresses on government computers, are those emails FOIAable?”

We’re still looking for the answer to that question, but a California judge has just ruled that under California’s public records access act Suzanne Tucker, a government employee using her own computer and a private email address, doesn’t have to provide emails she wrote about city business.

Not surprisingly, attorneys for the Tracy Press have filed an appeal, asserting that the judge’s decision “emasculates” California’s laws governing open records.

Meanwhile, in a case we first covered here, another California judge has ruled that the city of Vista is required to:

….keep secret a list of employers registered under an ordinance regulating day laborers.

That phrasing is from the San Diego Union-Tribune. The ACLU, which argued in favor of not releasing the records, says:

“There must be certain islands of privacy on the seas of disclosures.”

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