If you've ever written a letter or emailed an elected official to share a personal opinion or anecdote about an issue, you may not realize that correspondance is public record. Virtually anyone can obtain a copy under Maine's Freedom of Access laws. Democratic Representative Dawn Hill of York has introduced a bill to exempt constituents' personal information from Freedom of Access Laws because she says she and other lawmakers want to protect constituents -- and themselves -- when emails contain very private information.

"I too have been looking at emails and thinking, 'Oh my word, I'm not sure if people realize what they're saying is part of public record and maybe they should be trying to reach me by telephone with some of their private matters,'" Hill said yesterday during a hearing on the issue.

During the hearing before the Judiciary Committee, legislators gave some examples of the kinds of information they receive. Constituents might attach personal medical information to a complaint they make aobut MaineCare; or they'll write seeking financial help and provide details about thier own bank accounts.

"We need to have clear policies for both the House and the Senate how to handle their emails," Hill said. "I would much rather be in the position that if I were challenged from either side for privacy or for public records, where I stood and how to handle it, and that there was a standard for all of us to utilize."

Hill was the only person who testified in favor of the bill, which not only exempts from public record any personal communication from a constituent to an elected official, but also exempts responses from the elected official.

"I believe this bill and the amendment we just received are far too vague," said Chris Cinquemani, spokeman for the Maine Heritage Policy Center, a conservative government watchdog organization.

"For example, what is personal information? What is private information?" Cinquemani asked. "There are examples, such as medical information, information about financial status. Prior to that, it says this amendment is not limited to those restrictions. Well, what is the next step?"

Hill acknowledges that the bill is vague, and says she is trying to correct it with an amendment. "My thought was, at a minimum, that maybe we have to have a notice requirement on the Websites for government where people pull up, have some information and email to someone."

Of the four people who testified in opposition to the bill, three were members of the press, who say they are concerned not about accessing constituents' personal information but about protecting their ability to monitor government transparency.

"While the purpose of this proposed legislation may be well-intended, as drafted, it has serious consequences that could severely undermine the confidence of Maine citizens that their government is operating in the open and in their interest," said Mal Leary, president of the Maine Freedom of Information Coalition and a State House journalist.

"I think we all know where this stemmed from -- last summer there was a number of requests to the presiding officers dealing with the TABOR issue and in the course of that some information got out there that the presiding officers were very upset about because it was in this personal nature but there was nothing to say that they could protect that," Leary said. "So I understand fully where this is coming from. But as I've told folks who've worked on this, the way this is drafted just doesn't do it, it goes way too far."

"We lose the ability to watch what the elected officials do," said Judy Meyer, managing editor of the Lewiston Sun Journal and vice president of the Maine Freedom of Information Coalition.

"We lose that level of accountability from the public eye to see how elected officials might respond to one constituent over some concern in some area, versus some other constituent in some other concern in some other area," Meyer said. "And I'm not suggesting anybody would intentionally do anything wrong, but the accountabilty of having all public business done in the public eye is really vital."

Opponents say they're afraid the proposed measure would creat a loophole that would allow elected officials and their lawyers to decide what emails are confidential, which in turn could invite abuse.

At the end of the hearing, the Judiciary Committee changed the bill to a resolve and referred it to the state's Right to Know Advisory Commission, on which both Mal Leary and Judy Meyer serve. The commission was given a deadline of February 15, 2011 to draft a report, and then the Judiciary Committee may craft legislation.

In the interest of full disclosure, Mal Leary is a contributor to Maine Things Considered, and MPBN statehouse reporter A.J. Higgins sits on the Right To Know Advisory Commission.