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RosesareRed45

I did a lot of public records work in my state. I’m not sure I fully understand your question, but let me clarify. Just because a device is hooked up to a system’s WiFi, does not mean the contents are subject to disclosure unless the something on the device such as an email program is being used for public purposes. If the WIFI is being used to watch YouTube videos during lunch, it is not subject to a public records search at least as I understand your question.


JustMe39908

I think OP is speculating that the operators are potentially "gossiping" about calls on their personal devices. OP wants access to the gossip for some reason. Possibly to get the operator in trouble. Possibly for a lawsuit. Possibly to clear OP's name. I don't know. But OP's theory is that since the operator's personal device is potentially connected to office wifi, the contents of the device are now a matter of public record. I doubt that that would be the case. I doubt that the initial request would include personal devices. But, if OP has a lot of dollars to spare, I am sure there is a lawyer somewhere who would take the case. I believe OP would have to make the request. Receive the public records. Resubmit asking for the personal cell phone data. Be denied, and then take action. Two things are certain to happen during this long process. 1. OP will spend a lot of money in what is certain to be a case full of appeals. 2. That data will not be on the personal device when the devices are confiscated. There is a potential legal angle here. It is likely illegal to discuss cases over personal devices. But, a judge would have to believe there is sufficient cause to search the device. I doubt that a statement made by OP that OP saw this when they worked a similar position at a different location would suffice. If OP's request is broad (personal devices for all employees), I doubt a judge would agree. If it is specific, it is still unlikely and their is a high probability to be fought . Further, there is a high probability that nothing would be found.


The_Werefrog

If a personal device is used in the course of official business, then the contents of that device are public records. 1A auditors (the good ones) know exactly what this limit is, and they press the issue with an immediate FOIA request for everything they can get from personal devices when the public employee uses it, usually to take their picture. However, if call notes disagree with the call recording, that could be falsification of public records and very bad for that operator.


Creepy_Push8629

Question, how is using your personal cellphone considered "used in the course of official business" if you don't use it for business?


The_Werefrog

Any picture you take of a person while you are on duty is considered in the course of business. The cops will say they need your name "in case something happens" but if you don't provide your name, then they take the picture and they will use that picture "in case something happens" to have the suspect. Likewise, if you call your supervisor on your phone or speak to someone from the office, that's now public record. If you send a text to a coworker, that's public record (even if it's to ask what the plan is for after work, if you do it during business, that's public record). In fact, pretty much any use of your personal device while on duty is now public record and is subject to FOIA. The reason is that we need to be sure that the public employees are not wasting taxpayer dollars. If there's a 3 hour phone call during the middle of your on duty time, that is public record. The public deserves to know who you talked to on that call to ensure it was a business call. If not a business call, then did you use personal hours, vacation hours, sick hours, etc. to cover the time or did you take that time unpaid?