The document discusses whether social media posts and communications, such as tweets, can be obtained through Freedom of Information Act (FOIA) requests. It notes that social media exists in a gray area in terms of open records law. The document provides lessons learned, which are to treat social media postings like other official communications, send official social media content to official email accounts, and to not conduct official business over private networks. It also recommends having a strong social media policy and backing up social media posts in an easy way.

1. Can you FOIA a
Tweet?
And other interesting
questions about
social media
and open records law
Can you FOIA a
Tweet?
And other interesting
questions about
social media and
open records law

2. South Carolina Public
Relations Professionals Group

3. I am
not a
lawyer

4. Social media and FOIA
A gray area

6. South Carolina
FREEDOM OF
INFORMATION
ACT

8. What is a public record?

9. Books

10. Cards

11. Maps

12. Documents

13. Tapes

14. Recordings
Recordings

16. …or other documentary
materials regardless of physical
form or characteristics prepared,
owned, used, in the possession
of, or retained by a public body.

17. We checked Twitter, Facebook
and private emails for “official”
correspondence.

18. Lessons
Learned
Treat SM postings just like
other official
communications
Send “official” SM
content to your official
email
Don’t do official
business on private
networks

19. A few other
things to
ponder

20. What about comments on
government social media sites?

21. Social media and public meetings

23. Back up your
social media
postings the
EASY way

24. Have a strong SM policy
Have a STRONG social media policy

25. Michael Sponhour
Director of Public Affairs
SC Budget and Control Board
803-734-0632
www.linkedin.com/in/michaelsponhourabc
msponho@oed.sc.gov
www.twitter.com/msponhour