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# LA City's Claim That Google Chat Conversations Are "Ephemeral" and Can Be Destroyed Lacks Credibility
October 03 2024
Written by Mark Kenyon.
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SECURE EMAILS - Recently, I informed City Watch readers about a critical issue involving the City of Los Angeles. For years, the City has provided its employees and officials with access to Google Workspace for Government, a suite of collaborative tools, including Google Chat.
Google Chat allows users to send direct messages or participate in group chats. According to Google, these conversations can be accessed through Gmail, alongside other features like Google Meet and notifications for new messages.
In a community lawsuit I’m involved in, we discovered that when the City Attorney’s Office initially informed us of the records available for our case, they only mentioned paper files, the City Council's electronic files, and archived emails. No mention was made of the other Google Workspace tools that have been in use by the City for over a decade.
This omission raises a concerning question: does the City routinely withhold the existence of certain digital documents in land use and environmental litigation? While we can't be certain, we do know that relevant Google Workspace documents were not disclosed in our case, specifically those detailing the City's actions during the administrative approval process.
In July, prompted by our motion, the Court directly asked the City's attorneys whether the City saves Google Chats. After receiving an unclear answer, the judge instructed us to seek clarification in discovery. The responses we received were troubling. They suggest the City may have intentionally configured its Google Workspace settings to archive emails but not Google Chats.
The City’s attorneys now claim that Google Chats are not public records and therefore are not subject to archiving. In response to our request for project-related Google Chats, they stated: “The City does not have responsive documents because these direct, ephemeral communications are only stored on Google’s servers for 24 hours.”
However, this assertion contradicts Google’s own documentation. Google Workspace allows administrators to control whether Chat histories are saved or deleted. If Chat history is turned off, Google doesn’t archive the chats in its "Google Vault" application, and they disappear. But if Chat history is turned on, conversations are archived in Google Vault for a time period set by the organization. This means the City's Google Console administrators—likely from the City's Information Technology Agency—must have consciously chosen these settings.
Google advises organizations to configure data retention policies in line with legal requirements. California law mandates that public records be retained for at least two years, and the intentional destruction of such records may be a crime.
The City’s claim that Google Chats are “ephemeral” doesn’t hold up under scrutiny. The only reason they would be considered ephemeral is if City officials intentionally set the system to destroy them. This, however, does not excuse the City's duty to save all public records, including Google Chats.
State law mandates that public records must be retained for at least two years, with exceptions only allowed through legislative approval and the consent of the city attorney. Records less than two years old cannot be destroyed (Government Code § 34090). Intentional destruction or alteration of public records by officials can be punishable by imprisonment, with penalties ranging from one to four years (Government Code §§ 6200 & 6201). Additionally, willfully erasing or concealing evidence relevant to legal proceedings may be a misdemeanor (Penal Code § 135).
The situation suggests a need for scrutiny to determine if these laws have been violated.
The City's officials, including the Mayor, City Council, City Attorney, and Controller, should be held accountable for ensuring transparency. Members of the press and public advocacy groups should also seek answers regarding the City’s data retention practices.
If you or your organization would like to support the Crane Boulevard Safety Coalition's efforts to uncover all relevant Google documents in this case, please reach out. This fight requires widespread community involvement for meaningful reform.
*(Mark Kenyon, a 40-year resident of Los Angeles, has dedicated much of his life to land use, housing, and environmental issues. He served as the Executive Director of North East Trees for over a decade before retiring earlier this year. Reach him and the Crane Boulevard Safety Coalition at:*
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