Supreme Court to Review San Jose Decision that Private E-mail and Other Electronic Communications are not Subject to the Public Records Act Addendum to Memo No. 07-2014 (CC)

This is an addendum to our June 11, 2014 Legal Update regarding the court of appeal’s March decision in City of San Jose v. Superior Court (Smith). The court had held that communications sent using private cell phones or on private e-mail accounts, even if they involved public business, were not public records that had to be disclosed in response to a Public Records Act request.