Staff and executives at at least two government agencies in Oklahoma use smartphone apps that encrypt and even delete conversations, information, and data that are considered public records.
The Oklahoma Department of Corrections and the Oklahoma Department of Public Safety both use the app Signal, The Oklahoman confirmed. Earlier this fall, Corrections Commissioner Steve Harp told Oklahoma City TV station FOX 25 that the department used the app at the recommendation of former Attorney General Mike Hunter.
While the app is touted by many for its encryption and privacy protections, it could also impede efforts to obtain public records when state employees and officials use their personal cellphones for state business. This app allows you to delete conversations, data, and records instantly.
“I literally don’t think people are trying to hide it,” Harp told the TV station. “I’m not a very bureaucratic person, so we’re not avoiding anything.”
Department of Public Safety spokeswoman Sarah Stewart said her agency’s employees also use the app.
“Yes, many of us use the Signal app,” Stewart said in an email to The Oklahoman.
The use of the app is contrary to an attorney general opinion written in 2002 by then-Attorney General Drew Edmondson. The opinion states that most records and data created by state employees on their personal smartphones are public records.
“Electronic communications that are considered ‘records’ are subject to open records laws and records management laws,” Edmondson wrote. “Furthermore, concluding otherwise would allow public officials and employees to circumvent open records laws simply by using privately owned personal electronic communications devices to conduct official business.”
Edmondson’s opinion also noted that communications are public records unless some provision of state law makes the information confidential.
This opinion was written in response to a question from Susan McVeigh, then the Oklahoma State Library Director. Mr. McVeigh’s question was, “Are emails, text messages, and other electronic communications made in connection with public business transactions, expenditures of public funds, and administration of public property subject to the Oklahoma Open Records Act and record management? ” Act when created, received, transmitted, or maintained by a public official on privately owned equipment or communication devices?”
Are other state agencies using encryption apps like Signal?
State public safety and corrections officials say they use the software, but an immediate survey of other state agencies found that many others apparently do not use the app.
Gov. Kevin Stitt’s spokeswoman Abegail Cave said the governor is not using Signal. “I can tell you the governor has no idea what the traffic lights are,” Cave said. But while Stitt doesn’t use the app, some of the governor’s staff do, Cave said.
“Some of our staff have Signal, but we don’t use it for official purposes,” she said. “I have it on my personal cell phone.”
Matt Skinner, a spokesman for the Oklahoma Corporation Commission, said the agency’s employees do not use the app. Additionally, Corporation Commissioner Bob Anthony said he does not use the app.
Chase Horn, a spokesman for the Oklahoma Department of Tourism and Recreation, also said no. “ODRT does not use Signal for communications,” Horn said in an email to The Oklahoman.
But Oklahoma Department of Education spokesman Dan Isett did not directly respond when asked whether the agency or state schools Superintendent Ryan Walters had used the app.
“Why would you use that?” Iset said.
Phil Bacharach, a spokesman for Attorney General Gentner Drummond, said his agency does not use the app. Bachrach said the AG’s office is encouraging people to use third-party messaging apps when communicating about public business.
“Electronic communications, such as emails and text messages, related to official business are records under open records laws,” Bacharach said in a statement, adding that “electronic communications, whether made on a personal device or a public device, are records under open records laws.” It does not matter whether the communication is official or not, and if the communication is not exempt from production or cannot be kept confidential, it must be produced upon request.”
Connie Romance, a spokeswoman for the Oklahoma Department of Career, Technology and Education, said the department does not use the app. “We did a quick sampling at work and the consensus was that no one was using this,” Romans said in his email.
She said use of the Signal app would require approval from the Oklahoma Department of Management and Enterprise Services. An OMES spokesperson did not respond to emails or phone calls to The Oklahoman. A public records request regarding the use of the Signal app has not yet been fulfilled by the agency.
Should voters be concerned about transparency?
Transparency advocates in the state said they are concerned about the increased use of the app.
“The use of apps like Signal, which are designed not to create records of communications, certainly raises the suspicion that the affairs of the country are not always conducted right in front of the public’s eyes,” the executive director said. Kurt Gwartney said. Oklahoma Freedom of Information Agency. “The use of messaging apps, which exist to protect the confidentiality of communications, violates the spirit of the Oklahoma Open Records Act. This law requires public officials to communicate with the people of Oklahoma, regardless of the app or device they use to communicate. We assume openness and transparency in our work.”
Gwartney said Oklahoma is not alone in grappling with the use of informal communication methods by public officials.
“However, there may be a delay in addressing this issue,” he said. “Five years ago, the governor of Kansas issued an executive order requiring the executive branch to use state email accounts and prohibiting the use of personal accounts for all government business. “I don’t know what’s going on, but it would send a message that the public has a right to know what’s going on in state government.”