January 2017 Email Metadata (Information Technology, Maryland)

Matt Chapman - Free Our Info, NFP filed this request with the Mayor's Office of Information Technology of Baltimore, MD.
Due Aug. 8, 2018
Est. Completion None
Status
Awaiting Response

Communications

From: Matt Chapman - Free Our Info, NFP


To Whom It May Concern:

Pursuant to the Maryland Public Information Act, I hereby request the following records:

For all accounts managed by your department, please provide me the following information for all emails sent during January, 2017:

1. From address
2. To address
3. bcc addresses
4. cc addresses
5. Time
6. Date

Please note that I am not requesting the contents of each email.

I am more than happy to provide documentation or tips for extracting this information from your mail server if needed. Documentation that I have available include methods using excel, powershell, msaccess, Office 365 eDiscovery tools, and the direct extraction from an exchange database using forensic analysis tools.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 calendar days, as the statute requires.

Sincerely,

Matt Chapman

From: Mayor's Office of Information Technology

Mr. Chapman-

In your July 13, 2018 e-mail (below) to the Baltimore City Mayor's Office of Information Technology, you requested the senders and addressees and date/time stamp information on "all accounts managed by your department" for "all emails sent during January, 2017."

The Maryland Public Information Act ("PIA"), Maryland Code, General Provisions ("GP"), Sections 4-101, et. seq. governs your request. A request for public information under the PIA must be submitted to the custodian of the records sought. GP § 4-202(a). This response is on behalf of the Mayor's Office of Information Technology, which would not be the custodian of "all emails sent during January, 2017," even if such are done on accounts that the Mayor's Office of Information Technology may assist in managing. GP §4-101.

A request under the PIA must be for existing documentary material. GP §4-101(j)(1). The Mayor's Office of Information Technology has no such record. GP §4-205(c)(4)(i) (no requirement for "custodian to create, compile, or program a new public record"); GP §4-202(d)(1); see Maryland Public Information Act Manual 14th Ed., October 2015, 2-3 ("an agency has no obligation to create records to satisfy a PIA request."). Even if Mayor's Office of Information Technology did possess such a record, the PIA prevents the disclosure of any "list that identifies a physical address, an e-mail address, or a telephone number of an individual that is used by a governmental entity or an elected official" for the purpose of periodically sending news about the official activities of the governmental entity or sending informational notices of emergency alerts. GP §4-341. Thus, even if the custodian did have a responsive record, which it does not, it would have to be reviewed and redacted for such information in order to prevent disclosure of the e-mail addresses that fall within this exemption. GP §4-401. As that review would be time consuming since it would require determining which email addresses were associated with such lists, there would be associated charges. GP §4-206.

Nothing in this response is intended to indicate that records sought from City agencies exist or to waive any privileges held by the Mayor and City Council. You may contest this response by filing a complaint in Circuit Court pursuant to GP section 4-362.

Sincerely,
Hilary Ruley

[cid:image001.png@01D21971.CFDD6E80]<http://www.baltimorecity.gov/>
Department of Law

Hilary B. Ruley
Chief Solicitor, Legal Advice & Opinions
Baltimore City Department of Law

100 N. Holliday Street Suite 101
Baltimore, MD 21202
hilary.ruley@baltimorecity.gov<mailto:hilary.ruley@baltimorecity.gov>

Office: (410) 396-3271
Fax: (410) 396-1457

Please consider the environment before printing this email.

CONFIDENTIALITY NOTICE: This email, including any attachment(s), is intended for receipt and use by the named addressee(s), and may contain legally privileged or other confidential and privileged information. If you are not an intended recipient of this email, you are hereby notified that any unauthorized use or distribution of this email or its contents or attachments is strictly prohibited. You are requested to delete this communication and its attachments without making copies thereof and to contact the Baltimore City Law Department immediately at 410-396-3271. Nothing contained in the body or header of this email is intended as a signature or is intended to bind the addressor or any person or legal entity represented by the addressor to the terms of any agreement that may be the subject to this email or its attachments, except where such intent is expressly indicated.

Mayor's Office of Information Technology
PIA Office
401 E. Fayette St.
Baltimore, MD 21202

July 13, 2018

To Whom It May Concern:

Pursuant to the Maryland Public Information Act, I hereby request the following records:

For all accounts managed by your department, please provide me the following information for all emails sent during January, 2017:

1. From address
2. To address
3. bcc addresses
4. cc addresses
5. Time
6. Date

Please note that I am not requesting the contents of each email.

I am more than happy to provide documentation or tips for extracting this information from your mail server if needed. Documentation that I have available include methods using excel, powershell, msaccess, Office 365 eDiscovery tools, and the direct extraction from an exchange database using forensic analysis tools.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 calendar days, as the statute requires.

Sincerely,

Matt Chapman

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From: Matt Chapman - Free Our Info, NFP

Could you please provide me information as to why you consider the records that I am requesting would require the creation of new records?

At a technical level in how Exchange stores information, the information that I am requesting is discrete much in the same way that the body of an email is a discrete record. In other words - an email body and its metadata are simply individual fields within an Exchange Database. For the simple fact that a request for an email's body would not require the creation of a new record (in that it is stored identically within an exchange database, the to/from/cc fields), my request does not require the creation of a new record.

Please also consider that there are many other locations in which the information that I am requesting is stored. For example, your virus scan logs will certainly include the information respondent to my request. I ask that you consider where else this information is stored - particularly within the systems that you, an IT department, manage.

I can provide technical documentation which provides the technical specifications of an exchange database which can back up my statements up.

Please let me know -
Matt Chapman
Free Our Info, NFP

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