How and when do the Freedom of Information Act and CA Public Records Act apply to user files, including e-mail, stored on University computers?
The Freedom of Information Act applies to Federal government files, and would likely not apply to content stored on Cal Poly computers unless the content involves the use of Federal funds. The California Public Records Act, with very limited exceptions, requires State agencies to disclose public records when requested to do so under this Act. If electronic materials created by individual students, faculty and staff constitute a public record, other than several narrowly defined categories, the University is obligated to disclose such information in response to a valid request. Records arising from personal use may be difficult to distinguish from public records, and such records may be subject to inspection or disclosure under the Act. Users should assess the implications of this presumption in their decision to use University resources for personal, university and academic related purposes.
