Ohio Attorney General Dave Yost today released the 2026 edition of the Ohio Sunshine Laws manual, which clarifies that messaging applications and platforms that automatically delete records should not be used to conduct public business.
The Sunshine Laws manual, affectionately called the “Yellow Book,” is issued annually during the national observance of Sunshine Week (March 15-21 this year). The manual is a guide to Ohio’s Public Records and Open Meetings laws and aims to help citizens and public servants understand their rights and responsibilities under the law.
In the 2026 edition, the “practical pointers” for records management include this new directive: “Avoid using platforms or applications that automatically delete records.” Applications used to exchange digital communications – texts, images or videos – that automatically disappear from the recipient’s device and servers after a set time or upon being viewed should not be used for public business. Common examples of these applications include Signal, WhatsApp, and Snapchat.
“Self-destructing messages are for movie characters, not public officials,” Yost said. “Using disappearing messages will only self-destruct your career and your credibility.”
Under Ohio law, whether something is public record depends on its content, not the platform used to send it. Automatically deleting communications before they can be reviewed or retained could violate the Public Records Act, the manual says, which is why such transient-messaging apps should not be used to conduct public business.
In the Yellow Book’s introduction, Yost invokes a recent Ohio case to underscore why transparency is essential. Ohio v. Wade Steen, et al involved two members of the State Teachers Retirement System who conspired about a $65 billion investment through secret communications outside of normal public board rules. In February, a judge ruled that the two had violated their fiduciary duties. Both were prohibited from serving on the STRS board in the future.
Yost writes, “Such misconduct undermines public trust and underscores the consequences of secrecy in government: It violates the duties owed to the public and inflicts lasting damage on the strengths of our institutions.”
In addition to publishing the manual, the Public Records Unit of Yost’s office also offers free Sunshine Laws training, as does the Ohio Auditor of State’s Office. In Ohio, public officials (or a designated representative) must take this training at least once per elected term. The sessions are also open to the public.
Sunshine Week, initiated in 2005, reinforces the principles of government openness that have been cherished since the time of our Founding Fathers. The week is observed during the week that includes March 16, the birthday of James Madison, a leading advocate for government openness.
