WashCOG applauds state order against auto-deleting texts

Feb. 19, 2025 — The Washington Coalition for Open Government is pleased that Gov. Bob Ferguson has paused the regular auto-deletion of thousands of instant-message records by state agencies while his staff studies the issue.

The action follows a January $225,000 settlement involving the Department of Childen, Youth and Families destroying public records, The Seattle Times reported. Ferguson, who was attorney general before he was elected governor, defended DCYF in the case.

“While we are glad that Governor Ferguson has taken this action, until now state officials have shown no interest in stopping a practice that has undermined the Public Records Act. That needs to change,” WashCOG President Mike Fancher said Wednesday.

WashCOG has pointed out in the past that technology is increasingly being used to quickly and automatically destroy records that should be preserved, organized and made available under PRA.

A WashCOG special report on the PRA last year included these recommendations:

• Agencies should prohibit their officials and employees from using private modes of communication and ban the use of disappearing-message apps such as Signal to conduct public business.

• Agencies should ensure that officially endorsed communications platforms such as Microsoft Teams are set to preserve public records in compliance with the PRA.

• The state’s record retention statute should be reformed to provide realistic penalties and enforcement procedures for premature destruction of public records.

  “We hope to be active participants to the governor’s re-evaluation process,” Fancher said.