Are electronic records releasable under the Freedom of Information Act?
Email messages and attachments, word processing files, database files, spreadsheets, and all other electronic files are subject to release in litigation and under the Freedom of Information Act. You may not delete any email messages that are (1) the subject of active FOIA requests, congressional requests, or litigation, or (2) part of an administrative record (e.g., rule, permits) until you print out the message, including the essential transmission data and all attachments, and file it in your official paper recordkeeping system. Essential transmission data includes author, transmittal date, all message recipients, and subject.
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