Opinion
Opinion By: Daniel Cameron, Attorney General; James M. Herrick, Assistant Attorney General
Open Records Decision
On December 21, 2021, inmate Eric Cunningham ("Appellant") requested copies of certain messages and images sent by the Appellant to private individuals through the JPay e-mail service. The Complex initially denied the Appellant's request because he had failed to sign it. When the Appellant resubmitted his request with a signature on December 27, 2021, the Complex denied it on the grounds that JPay e-mails are not public records. This appeal followed. 1
In 20-ORD-109, a courtesy copy of which is enclosed, this Office found that JPay e-mails exchanged between inmates and private parties generally are not "public records" under KRS 61.870(2). Here, as in 20-ORD-109, there is no indication in the record that the requested e-mails are "prepared, owned, used, in the possession of or retained by a public agency" within the meaning of KRS 61.870(2). Accordingly, the requested messages and images are not public records and the Complex did not violate the Act when it denied the request. 2
A party aggrieved by this decision may appeal it by initiating action in the appropriate circuit court pursuant to KRS 61.880(5) and KRS 61.882 within 30 days from the date of this decision. Pursuant to KRS 61.880(3), the Attorney General shall be notified of any action in circuit court, but shall not be named as a party in that action or in any subsequent proceedings. The Attorney General will accept notice of the complaint e-mailed to OAGAppeals@ky.gov.
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