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Calfee Halter & Griswold LLP
United States: Forensic Computer Search For Public Records Required
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13 January 2009
Article by Stanley J. Dobrowski and Virginia D. Benjamin

In responding to public records requests, public offices must now be prepared to engage forensic computer experts to determine whether improperly deleted public records still reside in their computer systems. In State, ex rel. Toledo Blade Company v. Seneca County Board of Commissioners (2008) ____ Ohio St. 3d ____, 2008 Ohio 6253, the Ohio Supreme Court ordered the County Commissioners to recover deleted emails.

In the course of covering a story about the planned demolition of a historic courthouse, the Toledo Blade requested the opportunity to inspect all outgoing and incoming emails, including "all sent messages, received messages, deleted messages, and drafts of messages" of the County Commissioners during 2006 and 2007....
 
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