Lawton, OK asked in Internet Law and Securities Law for Oklahoma

Q: Does two-factor authentication using your personal phone put the phone at risk for an open records request?

In municipal government, if you submit your personal phone number to be either texted or called with a code to verify your identity as an extra security measure when logging onto a work computer, does this open the contents of that phone to be requested during an open records request?

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1 Lawyer Answer
James L. Arrasmith
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  • Consumer Law Lawyer
  • Sacramento, CA

A: It is unlikely that providing your personal phone number for two-factor authentication in a municipal government system would make the contents of that phone subject to an open records request. Open records laws typically apply to government documents and information, not to personal devices or accounts. However, it is possible that if there is a legal investigation related to your work at the municipality, your phone or its contents could be subject to a subpoena or other legal request for information. It's always a good idea to review your organization's policies on data privacy and security, as well as any agreements or terms of service related to the use of the two-factor authentication system, to better understand your rights and responsibilities.

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