August 11th, 2024

Judge orders CDC to stop deleting emails of departing staff: 'likely unlawful'

A federal judge ruled that the CDC likely violated federal law by deleting employee emails without proper authorization, prompting a lawsuit and a preliminary injunction to halt the deletions.

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Judge orders CDC to stop deleting emails of departing staff: 'likely unlawful'

A federal judge has ruled that the Centers for Disease Control and Prevention (CDC) likely violated federal law by systematically deleting emails of lower-level employees after their departure. U.S. District Judge Rudolph Contreras issued the ruling in response to a lawsuit from the America First Legal Foundation, a group aligned with former President Donald Trump. The judge found that the CDC's practice of disposing of emails 90 days post-employment was not approved by the National Archives, which mandates a retention period of three to seven years for such records. The CDC had adopted a records-retention policy known as Capstone, which requires the preservation of senior officials' emails permanently and sets specific retention periods for lower-level employees. Contreras noted that the CDC appeared to have abandoned part of this policy without proper authorization. The ruling comes after the CDC was challenged over the destruction of emails related to a publication on LGBTQ inclusivity in schools. The America First Legal Foundation argued that the CDC's practices were unlawful and sought a preliminary injunction to halt the deletions. The judge's decision to grant this injunction suggests that the plaintiffs are likely to succeed in their case. The CDC has not yet commented on the ruling.

- A federal judge ruled the CDC likely violated federal law by deleting employee emails.

- The CDC's email deletion policy was not approved by the National Archives.

- The ruling was prompted by a lawsuit from a Trump-aligned legal group.

- The judge granted a preliminary injunction to stop the CDC from deleting emails.

- The case centers on records related to a CDC publication on LGBTQ inclusivity.

Link Icon 15 comments
By @mjevans - 2 months
Don't they use a time based legal discovery archive? I'm not sure when a government org is allowed to expunge old records though, maybe never? Still filing / dividing / partitioning it by at least year and month would speed up searches with time windows.
By @evanjrowley - 2 months
I wonder what factors led to the CDC Office of the Inspector General (OIG) missing this. Will the IG be auditing them on this in the future?
By @cafard - 2 months
Many years ago, I worked for a contractor at a civil agency. Simply to make the email system function, we needed to keep retention at two or three weeks. The only persons for whom email was to be held were political appointees. What I saw was that they would take most of their last couple of weeks as vacation, and that there was almost never anything but department-wide announcements.

It would have been possible to retrieve a point-in-time snapshot from a monthly backup, and that did happen a couple of times.

By @irrational - 2 months
I almost don’t even bother reading my email anymore because almost all work happens over slack and zoom. Do they have the same retention requirements for all other non-email communication channels?
By @roamerz - 2 months
I would have assumed that everyone in this gov/enterprise space used an auditable email logging solution that keeps communications for whatever their applicable policy dictates.
By @datavirtue - 2 months
All the emails are still in other people's inbox/sent. Completely discoverable.
By @sigzero - 2 months
Likely? It is.
By @greenchair - 2 months
I guess they had to delete the emails because they weren't smart enough to use secret gmail addresses to avoid oversight like their leaders do.
By @declan_roberts - 2 months
Injecting "Trump-allied legal group" is an incredible way to taint the news story and get people to take sides.

FOIA is a blessing, and does more for investigative journalist than almost anything else, but it doesn't work when our government is allowed to illegally covers its tracks.

By @ikekkdcjkfke - 2 months
Divided we fall