Open Records in Kentucky

Electronic records in Kentucky are governed by the Kentucky Open Records Act.

How Kentucky Defines a Public Record
According to the Kentucky Open Records Act, a “public record means all books, papers, maps, photographs, cards, tapes, discs, diskettes, recordings, software, or other documentation regardless of physical form or characteristics, which are prepared, owned, used, in the possession of or retained by a public agency.”According to this definition, website, social media, mobile text, and enterprise collaboration content would qualify.

Social Media Guidance Documents
The Kentucky Department for Libraries and Archives has published guidance that discusses social media recordkeeping. It states that:

“The Public Records Act (KRS 171.420-171.740) defines public records as documentary materials, regardless of physical form or characteristics, which are prepared, owned, used, in the possession of or retained by a public agency.” Social media content meets this definition and must be managed in accordance with all applicable laws and regulations.”

The Kentucky Department for Libraries and Archives also has a Records Management Section that is very useful.

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