Public records in private accounts

Evidence of business activities are public records, regardless of how or where they are created or received, and must be managed in accordance with the Public Records Act 2002 (the Act).

Public records include emails, social media interactions, text messages and messages in any other messaging applications, photographs and videos.

Creating and using public records in private accounts

The Act does not restrict the use of private email and social media accounts, messaging apps, or personal devices. However, public records created or received using these methods must be managed in accordance with the Act in the same way as public records created or received using official government channels.

Using private email and social media accounts and apps for work purposes can increase the risks of:

• public records not being captured, managed or accessible
• public records being unlawfully destroyed or lost
• information security being compromised (e.g. malware, information inadvertently shared)
• staff breaching other legislation, rules or guidelines (e.g. Criminal Code Act 1899, Right to information Act 2009, Information Privacy Act 2009, Code of Conduct)
• actual or perceived misconduct or corruption (PDF, 572KB).

Check:

• other legislation, rules, guidelines and regulations restricting or allowing the use of private email accounts for work purposes (e.g. Ministerial Records Policy , Private Email Use Policy)
• when private accounts, apps or devices can be used (e.g. email colleagues about change in work plans, working off-site, IT systems unavailable)
• with your Records Manager how and when public records sent, received or generated from a private account or apps are to be captured (e.g. forwarding the record to an official government account, exporting it into a format that can be saved).

See Capture public records below for options on capturing public records into an official government account.

Responsibility for managing and capturing records

All government employees need to be aware of their recordkeeping responsibilities under the Act to make and keep complete and reliable records of all work-related interactions when using private accounts, apps and devices. This includes capturing any public record created or received in a private account, or messaging app into an official government account within 20 calendar days of creation or receipt.

If a ministerial record is created or received in a private account, ministers, assistant ministers and ministerial staff must forward the email from the private account to an official ministerial account within 20 calendar days of creation or receipt.

If a mayor or councillor receives or creates a record relating to their responsibilities as a mayor or councillor in a private account, best practice is to transfer within 20 calendar days of creation or receipt.

Specific requests for advice relating to the implementation of policies and procedures about the management of public records in private accounts should be directed in the first instance to your agency's records area.

Capture public records

Capture any public record created or received in a private account, or messaging app into an official government account within 20 calendar days of creation or receipt.

Consider what processes or procedures need to be in place to capture any public records sent, received or generated in private accounts.

Use the following options to assist in the development of your procedures.

Deciding what needs to be captured

You need to capture all public records. This includes any record created, received or kept by you on behalf of your public authority in the course of conducting agency business.

Find out more about what records you need to capture. You can also use the information guide for deciding what you need to keep (PDF, 250 KB).

The following table provides examples and scenarios to help you determine what records received or created in private accounts, apps or devices need to be captured as public records.

Disposal of records

Public records can only be disposed of or destroyed in accordance with the Public Records Act 2002.

Public records captured within an official government account, including those created or received within a private account or apps, or on a private device, need to be managed and disposed of in accordance with your agency's recordkeeping procedures and the Act.

Once the record has been captured into an official government account as a public record, the record on your private account or device can be deleted.

Find out more about how to destroy records.

Personal information contained within public records

Public records are created or received to document evidence of business activity. Personal, private, party-political, constituent or electoral records should not be combined with, or included in public records.

This includes records in any form including emails, letters, text messages, apps, social media posts, spreadsheets, etc.

This also applies regardless of where the public record is created or received, including whether the public record is created or received in official or private devices or accounts.

If other types of information are in a public record, it becomes part of that public record and must be kept for as long as that record is required to be retained in accordance with an authorised retention and disposal schedule.

It is not possible to redact or black out information in a public record, as a public record must be full and accurate. This includes any permanent value public records that are transferred to QSA and will become available for access by the public.

More information

For more information see our advice on:

• Ministerial records policy (PDF, 504 KB)
• Roles and responsibilities of mayors and councillors
• Local government records
• Private email use policy
• Emails
• Text and instant messages
• Meetings and conversations
• Social media and Yammer
• Mobile and smart devices
• Surveillance and monitoring records
• Use of ICT Services, Facilities and Devices policy (IS38).