How far is too far for public records requests?

There’s a battle over whether public employees’ personal devices should be open to records requests.

The Washington State Supreme Court heard arguments over whether personal cellphone records of Pierce County Prosecutor Mark Lindquist should be reviewed by a judge to make sure no public business was conducted with his own phone.

The case, in its fourth year, has accumulated $282,490 worth of legal bills, the Tacoma News Tribune reports. Outside attorneys for Lindquist and the county have been hired at the public’s expense, with the argument that public employees’ personal phones are not open for record requests.

Pierce County is acting as vanguard for all public employees in Washington, said Phil Talmadge, Lindquist’s attorney.

“This case has enormous repercussions,” he told KIRO Radio’s Jason Rantz. “This case represents whether the public records act extends to tablets, cellphones … of every single public employee of Washington.”

Those advocating for Lindquist’s cellphone records to be viewed argue the records are public, it doesn’t matter what device they are on, the News Tribune reports.

If the court rules against the county and Lindquist, it could mean that anyone with a desire to look at the private accounts of a public employee could do so. Advocates for making the records public say anything work related is subject to the public records act, even if that is a call to your spouse about being late for dinner, Talmadge explained.

“This is incredibly broad and implicates all sorts of privacy issues,” he said.

The case began after allegations were made against Lindquist for retaliating against a former sheriff’s deputy for being accused of sending a death threat to a deputy prosecutor. Lindquist allegedly engaged in acts to retaliate, for political reasons, using his cellphone.

Lindquist has provided information from his private cellphone account that may be related to public business. Talmadge said Lindquist “bent over backward” to do so.

But if a public employee can choose what information is provided from personal devices, isn’t that giving too much power to them?

“What’s to say he didn’t choose to keep other details from the public?” Rantz asked Talmadge.

Talmadge said he understands the concern, but the current records request says private devices aren’t open to public records at all. If the court decides they are, he expects people will make all sorts of records requests.

“Harassment is going to be the order of the day,” Talmadge warned.