Public Information on Your Private Device
It’s natural to think of information on your own phone, laptop, or other personal device as being relatively private. Employees regularly blow off steam and text colleagues about a bad day at work behind the privacy of their own phone, right? Unfortunately, privacy isn’t always a given for employees of public entities who must exercise more caution than most when it comes to work-related communications.
Under the Texas Public Information Act (TPIA), school districts and charter schools are considered public entities. As such, any communication relating to the transaction of official business is considered public information. This pertains to any electronic communication created, sent, received, or maintained on any device, including an educator’s personal cell phone. The employee is considered a temporary custodian and is subject to rules ensuring preservation of public information. Simply deleting the communications is generally not an option. They must be retained in accordance with the district’s record retention policy, or when applicable, may be transferred to the appropriate school district server.
Ideally, most work-related communications remain professional and won’t cause problems for the educator. But be mindful of making negative comments about students and colleagues, even if done jokingly. You never know when a parent might request copies of all communications relating to their child. This can happen in a variety of contexts: special education compliance, grading disputes, tryouts for athletics and extracurricular activities, and more. Once the district receives the request, it has a responsibility to comply. That generally means reaching out to any employee who may have been involved in the communications. Hopefully, this information will familiarize you with your potential obligations under the TPIA so you can avoid embarrassing and potentially damaging communications being made available to your district and the public. Read more about the topic above, as well as other information relating to technology precautions educators should take at work, in this article.