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Attorney’s Personal Emails Not Subject to Disclosure in Public Records Request

In the case Viola v. Ohio Atty. Gen., Pub. Record Unity, 2021-Ohio-3828, the Tenth District Court of Appeals held that the trial court did not err in adopting the special master’s recommendation which found in favor of the Attorney General’s Office regarding a public records request.

Here, the requester issued a public records request to the Ohio Attorney General’s Office, seeking an assistant attorney’s emails from a personal account. The requester claimed that the assistant attorney was using the personal account for official business purposes.

The Court of Appeals reasoned that the requested emails were personal and were before the assistant attorney’s time at the Ohio Attorney General’s Office. As such, the Court of Appeals found that the trial court did not err in adopting the report and recommendation of the special master.

To read this case, click here.

Authors: Matthew John Markling and the McGown & Markling Team.

Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.

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