Encrypted messaging apps promise privacy. Government transparency is often the price
As a devastating wildfire burned through a Maui town, killing more than 100 people, emergency management employees traded dozens of text messages, creating a record that would later help investigators piece together the government’s response to the 2023 tragedy. It’s unclear if Maui officials actually used the app or simply considered it — a county spokesperson did not respond to questions — but the situation highlights a growing challenge: How can government entities use technological advancements for added security while staying on the right side of public information laws? The U.S. Cybersecurity and Infrastructure Security Agency, or CISA, has recommended that “highly valued targets” — senior officials who handle sensitive information — use encryption apps for confidential communications. CISA leaders also say encrypted communications could be a useful security measure for the public, but did not encourage government officials to use the apps to skirt public information laws. Michigan lawmakers responded by banning the use of encrypted messaging apps on state employees’ work-issued devices if they hinder public record requests.
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