Deleted social media

Muira McCammon filed this request with the Department of Health and Human Services of Nebraska.
Status
Rejected

Communications

From: Muira McCammon

Dear FOI Officer,

I am attaching my public records request in the form of a PDF attachment.

Thank you for processing it in these especially chaotic times,

Muira McCammon
Ph.D. candidate
University of Pennsylvania

From: Department of Health and Human Services

Good Morning:

The agency received your public records request and will begin processing its response. I wanted to reach out to confirm the scope. The express wording of the request seeks all deleted posts and drafts, but I wanted to verify that you specifically want any and all deleted posts, regardless of content or purpose, from the stated time period to present. I believe the agency periodically post jobs on LinkedIn, so would that request include any deleted job listings, if any? If there is specific content for which you are looking, I can advise the agency accordingly.

I apologize if I'm being redundant, but your confirmation will determine how many departments need to be working on your request. Have a good day!

Erik Fern | Attorney III
LEGAL SERVICES
Nebraska Department of Health and Human Services
OFFICE: 402-471-8298
DHHS.ne.gov<http://dhhs.ne.gov/Pages/default.aspx> | Facebook<https://www.facebook.com/NEDHHS/> | Twitter<https://twitter.com/NEDHHS> | LinkedIn<https://www.linkedin.com/company/nebraska-department-of-health-and-human-services>

CONFIDENTIALITY NOTICE: This email message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message.

From: Department of Health and Human Services

Good Morning:

Thank you for your public records request dated June 22, 2020 seeking deleted social media posts by the Nebraska Department of Health and Human Services. Due to the extensiveness of your request, the workload demands of agency personnel arising out of the public health crisis, and the need to coordinate with various departments within the agency to search for any responsive records, the earliest practicable date the agency will be able to provide a time and cost estimate, if necessary, or a response to your request is 90 days. Should you wish to modify or prioritize items within your request, please contact my office directly.

Erik Fern | Attorney III
LEGAL SERVICES
Nebraska Department of Health and Human Services
OFFICE: 402-471-8298
DHHS.ne.gov<http://dhhs.ne.gov/Pages/default.aspx> | Facebook<https://www.facebook.com/NEDHHS/> | Twitter<https://twitter.com/NEDHHS> | LinkedIn<https://www.linkedin.com/company/nebraska-department-of-health-and-human-services>

CONFIDENTIALITY NOTICE: This email message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message.

From: Department of Health and Human Services

Good Morning:

My records show no response to the inquiry below. Can you please confirm the scope of your request and verify that you want any and every deleted social media post regardless of content?

Erik Fern | Attorney III
LEGAL SERVICES
Nebraska Department of Health and Human Services
OFFICE: 402-471-8298
DHHS.ne.gov<http://dhhs.ne.gov/Pages/default.aspx> | Facebook<https://www.facebook.com/NEDHHS/> | Twitter<https://twitter.com/NEDHHS> | LinkedIn<https://www.linkedin.com/company/nebraska-department-of-health-and-human-services>

CONFIDENTIALITY NOTICE: This email message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message.

From: Muira McCammon

Hi, Erik,

Thank you for your patience.

I would hope that perhaps you have a small team engaging with your social media accounts at Nebraska's Department of Health and Human Services.

My hope is that you would be able to run a search for the following pairs of keywords on their accounts:
a. "twitter" and "delete"
b. ''tweet" and"delete"
c. ''twitter'' and ''remove"
d. "tweet" and ''remove"
e. ''twitter" and "inappropriate"
f. ''tweet'' and ''inappropriate"
g. ''twitter" and "change"
h. ''tweet" and"change"
i. "social media" and "delete"
j. "social media" and ''remove"
k. “twitter” and “unpublish”
l. “tweet” and “unpublish”
m. “Hootsuite” and “remove”
n. “Hootsuite” and “unpublish”

Please note that I am NOT seeking emails that would be just discussing the Twitter and other social media accounts in general. I am specifically looking at content removal and deletion and the emails that precede, follow, and justify these acts.

Furthermore, yes, I am asking for the deleted social media posts regardless of content. This is a component of my doctoral and legal research, which has been published in a number of academic presses and journalistic articles. I am also clarifying that I regard content removal, unpublishing, and deletion as being similar acts. I understand that different agencies use different words to describe these actions.

Happy to discuss other aspects of the request and take the conversation forward.

In gratitude,

Muira McCammon
Penn Law / Penn Annenberg

From: Department of Health and Human Services

Good Afternoon:

Thank you for your follow-up email concerning your public records request. The agency is processing your request and search terms and expects to provide a time and cost estimate to you no later than September 24, 2020.

Thank you,

Erik Fern | Attorney III
LEGAL SERVICES
Nebraska Department of Health and Human Services
OFFICE: 402-471-8298
DHHS.ne.gov<http://dhhs.ne.gov/Pages/default.aspx> | Facebook<https://www.facebook.com/NEDHHS/> | Twitter<https://twitter.com/NEDHHS> | LinkedIn<https://www.linkedin.com/company/nebraska-department-of-health-and-human-services>

CONFIDENTIALITY NOTICE: This email message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message.

From: Department of Health and Human Services

Good Morning:

Thank you for your public records request dated June 22, 2020 relating to deleted social media posts. Below is the cost estimate prepared by the agency with your request. The first four hours of non-attorney staff time would be at no charge.

Please know that you have ten business days to review the estimated cost, and request that the agency fulfill your request, negotiate with the agency to narrow or simplify your request, or withdraw your request. If you do not respond within ten business days, the agency shall not proceed to fulfill your request.

The agency requires payment of a 10% deposit of the expected cost prior to moving forward with responding to the request. Please, only send the amount of the deposit requested as time estimates are just estimates. We will send you the final time and billing amount once it is completed. With the State billing system it is difficult to refund if there is an overpayment because the time ends up being less.

STAFF TIME

Employee Job Title
Hours
Description of Work
Total Cost
Public Information Officer (PIO) I
2
Research and review posting platforms
$17.05 per hour (First four hours - NO CHARGE) - NO CHARGE
PIO III
3
Review previous posts, review files
$33.73 per hour (Two hours - NO CHARGE) - $33.73
Attorney III
1
Responsiveness review of records (non-privilege review)
$33.824 per hour - $33.82
Administrative Assistant II
1
Organizing and preparing documents/files
$18.32 per hour - $18.32

COPY CHARGES
0 copies $0.25 per page
$0.00

Total:
$85.87*

* Please be advised the cost is an estimate only. The final cost may be more, or less, depending on the actual time and cost expended in responding to your request.

If you intend to proceed with the foregoing, please send a check in the amount $8.58 payable to "Nebraska Department of Health and Human Services."

All payments must be sent to Nebraska Department of Health and Human Services, Attn: Erik Fern, P.O. Box 95026, Lincoln, NE 68509.

The agency expects to be able to fulfill, or provide an answer, to your request by October 30, 2020. If the response is available prior to the estimated date, it will be promptly sent to you upon payment of the full balance of the costs.

Should you desire to modify or prioritize your request, please contact our office.

Thank you,

Erik Fern | Attorney III
LEGAL SERVICES
Nebraska Department of Health and Human Services
OFFICE: 402-471-8298
DHHS.ne.gov<http://dhhs.ne.gov/Pages/default.aspx> | Facebook<https://www.facebook.com/NEDHHS/> | Twitter<https://twitter.com/NEDHHS> | LinkedIn<https://www.linkedin.com/company/nebraska-department-of-health-and-human-services>

CONFIDENTIALITY NOTICE: This email message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message.

From: Department of Health and Human Services

Good Morning:

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