Audience

• Entomology, Forest and Wildlife Ecology, Plant Pathology and Hub employees (faculty and staff)

Overview

Under the Wisconsin Public Records law, UW-Madison records are generally considered available to the public. If someone requests to see or obtain university records, we will provide the records to them, subject to a few important exceptions.

UW-Madison has a centralized, designated unit in the Office of Compliance, called the Public Records Office, that manages these requests. Their website details how the they handle requests.

We recommend you read the full guidelines on the Public Records page - see the Wisconsin's Public Records Law: Guidelines for Employees accordion panel. Here are a few highlights.

What should I do if I receive a public records request?

If someone contacts you seeking records under the Public Records Law, either:

• direct the person to submit the request through the UW-Madison Public Records Portal or
• forward the request (or requester) directly to the UW-Madison’s Public Records Custodians at public_records@wisc.edu.

The Public Records Custodians will: 

• communicate with the requester
• help the record holders identify any responsive records
• respond to the request.

Important

Once you receive notice of a records request, you are:

• required to maintain the responsive records and
• are prohibited from destroying the records

Does the public records law apply to UW-Madison and its employees?

Yes. The Wisconsin Public Records Law applies to government authorities and records created or maintained by those authorities, including those created or maintained by employees. UW-Madison is a state agency and therefore subject to the Wisconsin Public Records Law.

This law applies to every UW-Madison employee, regardless of classification. 

What is a record under the Wisconsin Public Records Law?

In general, a record is broadly defined to include almost all information existing in a tangible medium maintained by UW-Madison.

This term also includes electronic records.

Examples

Emails, photos, videos, audio files, meeting minutes, reports, spreadsheets, database content, instant messages, text messages, and virtual workplace chat content, channel discussion, and files including MS Team, Zoom, Webex chats or recordings, etc. 

What is not a record under the Wisconsin Public Records Law?

Generally excluded from the definition of records are:

• drafts
• notes
• preliminary documents
• items prepared for personal use

But these exclusions are supposed to be narrowly construed under the law. 

See also What records are exempt from disclosure under the Wisconsin Public Records Law? on the Public Records page - linked from the Wisconsin's Public Records Law: Guidelines for Employees accordion panel. 

Does it matter if the records are stored on my personal devices or accounts?

No.

The location of the record does not matter – the content determines if it’s a public record.

Records, including emails, text messages, or files about UW-Madison business, which are on your personal device are still public records.

You must keep them and turn them over upon request. 

See also What are some tips when using personal devices to conduct UW-Madison business? on the Public Records page - linked from the Wisconsin's Public Records Law: Guidelines for Employees accordion panel. 

What are some tips when using personal devices to conduct UW-Madison business?

Since the location of a record is irrelevant, it is especially important to be mindful when using your personal device to conduct university business.

Remember:

• if the e-mail, text, instant message, chat, post, or file is about UW-Madison business...
• then it is a record that may be subject to disclosure under the Wisconsin Public Records Law...
• even if it is created or maintained on a personal device, saved on a home computer, or saved in the cloud.

Keep the following considerations in mind when using a personal device for UW-Madison business:

• A personal device may be a computer, mobile phone, tablet, Kindle, iPad, smartwatch, or other connected device such as a cloud back-up, flash-drive, or external hard drive.
• Any e-mail used to conduct government business is a record that may be subject to disclosure under the Wisconsin Public Records Law, even if it is sent or received by an employee’s personal e-mail account.
• You must ensure any records are properly retained if you transition to a new device. 

Questions

• Contact the Public Records Office at (608) 265-6018 or public_records@wisc.edu.