Protecting Your Privacy: The Risks of Public Information Act Requests and Personal Devices, A Warning to Texas Public School Educators, Staff, and Trustees

The Texas Public Information Act (PIA) is designed to ensure government transparency by providing public access to records related to official business. However, a recent decision in Fort Bend Independent School District v. Paxton (2023) highlights a growing and grave concern for educators, district employees, and school board members: your personal devices may not be as private as you think when used for school business.

The Case

In Fort Bend ISD v. Paxton, the district attempted to withhold personal cell phone call and text logs of board members and employees after a PIA request. The Texas Attorney General’s Office ruled, and the courts affirmed, that to the extent those logs reflected communications made “in connection with the transaction of official business,” they constituted public information under the PIA, even though they were made on personal devices not owned or paid for by the district.

The court made clear:

• It does not matter if the communications are on a private cell phone or email account.
• Whether the call, text, or email pertains to district business matters.
• Officials cannot avoid PIA obligations by conducting business on “private mediums.”

Why This Matters

This ruling has far-reaching implications for all public school employees and trustees:

Exposure of Personal Records – Phone logs, text metadata, and even personal emails may be subject to disclosure if they involve official business. While the content of personal calls or texts can be redacted, the fact of the communication (time, date, number dialed) may have to be released.

Blurred Lines Between Work and Personal Life – Casual conversations between colleagues who are also friends may be misinterpreted as “district business,” creating uncertainty about what must be disclosed.

Administrative Burden – Employees and trustees may be forced to separate, identify, and produce relevant records, with the responsibility falling on the individual, not just the district.

Privacy Risks – Even limited disclosures, such as call logs, can reveal patterns of communication and sensitive personal connections, raising serious privacy concerns for public servants.

The Takeaway

This case is a warning: when you use your personal phone, email, or computer to conduct school business, those records can become public records.

To protect your privacy and ensure compliance with the PIA:

1. Avoid using personal devices and accounts for official school communications whenever possible.
2. Use district-provided email, phones, or communication platforms for all school-related matters.
3. Be mindful that text messages, call logs, and emails about district issues—even brief ones—may be subject to public disclosure later.
4. Request district leadership to provide clear policies and adequate resources (such as district-issued devices or official communication channels) to protect staff and trustees from unnecessary exposure.

Final Thoughts

Transparency is essential to maintaining public trust, but educators and trustees must also safeguard their personal privacy. The Fort Bend ISD v. Paxton decision clarifies that conducting official business on personal devices may open a public window into one's private life.

Reference:

Fort Bend Independent School District v. Paxton, No. 03-22-00052-CV, 2023 WL 4495224 (Tex. App.—Austin July 13, 2023, no pet.) (mem. op.)

Disclaimer:

The information provided in this article is for educational and informational purposes only and does not constitute legal advice. For advice regarding specific legal matters or rights, readers should consult with a qualified attorney licensed in their jurisdiction.