Opinion
Opinion By: Daniel Cameron,Attorney General;James M. Herrick,Assistant Attorney General
Open Records Decision
On May 21, 2020, William Boyer ("Appellant") requested copies of certain e-mails that he had exchanged with private parties on JPay, an e-mail system to which he has access as an inmate. The Complex denied the request, citing KRS 61.878(1)(p) and stating that JPay personal e-mails "are communications of a purely personal nature unrelated to any governmental function and a copy does not have to be provided." This appeal followed.
In 20-ORD-109, this Office determined that JPay e-mails between inmates and private parties are not "public records" within the meaning of KRS 61.870(2) unless the correctional facility stores them digitally on publicly-owned equipment, keeps a paper copy, or uses them for some administrative purpose. 1Because the record before this Office includes no suggestion that the specific e-mails sought by Appellant are "prepared, owned, used, in the possession of, or retained by" the Complex, they are not public records. Thus, the Complex did not violate the Act by denying the request. KRS 61.870(2).
A party aggrieved by this decision may appeal it by initiating action in the appropriate circuit court pursuant to KRS 61.880(5) and KRS 61.882. Pursuant to KRS 61.880(3), the Attorney General shall be notified of any action in circuit court, but shall not be named as a party in that action or in any subsequent proceedings.
Footnotes
Footnotes
1 A copy of 20-ORD-109 is attached for reference.