Google is releasing an update for Gmail which will give users the option to erase emails that they’ve sent.
But this “self-destruct” feature is cause for concern for a government transparency group, which warns of “unintended consequences” that might run afoul of public records laws.
“As more local and state governments and their various agencies seek to use Gmail, there is the potential that state public records laws will be circumvented by emails that ‘disappear’ after a period of time. The public’s fundamental right to transparency and openness by their governments will be compromised,” the National Freedom of Information Coalition said in a letter sent Friday to Google CEO Sundar Pichai.
The letter was written by Malcolm Leary, president of the group’s board of directors, who said there is a potential for abuse that “is astounding.”
“Most states have clear record retention laws aimed at making sure the public has access to government records, particularly records of how their tax money is spent and records of electronic communiques between and among officials regarding public policy deliberation,” he wrote. “While existing laws may protect communications from government agencies, it will not assure public access to emails by individuals and companies to government agencies.”
Leary noted that there are already a few email platforms that provide similar options for users, but none that have the same reach as Gmail.
The update for Gmail, which boasts more than 1 billion active users, is the first major overhaul for the platform since 2011. In a recent blog post, G Suite product management chief David Thacker explained how the “confidential mode” will work and seeks to keep confidential information secure.
“With confidential mode, it’s possible to protect sensitive content in your emails by creating expiration dates or revoking previously sent messages. Because you can require additional authentication via text message to view an email, it’s also possible to protect data even if a recipient’s email account has been hijacked while the message is active,” Thacker wrote.
Because the “self-destruct” feature would allow official, electronic public communications to be erased, Leary said under most state open government laws, it would be illegal. “We urge you take steps to assure the ‘self-destruct’ feature be disabled on government Gmail accounts and on emails directed to a government entity,” Leary wrote.
Google’s press team did not immediately return a request for comment.
The NFOIC boasts having 42 state and regional coalitions representing 45 states and Washington, D.C. The group has received funding support from groups like the Charles Koch Institute, Bloomberg LP, and the Associated Press, and maintains “strategic alliances” with the Investigative Reporters and Editors, MuckRock, the AP, and the Society of Professional Journalists, and the Media Law Resource Center.
