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Q&A

Public Advocate Williams questions whether deleted messages break any law

New York City Council · Sep 22, 2026 · starts 0:57:57 · 2 min 20 sec

Williams says he agrees with Carr that the right people should be here, then asks whether messages through text, Signal, or WhatsApp do not have to be retained; Smith-Cruz confirms that under the policy instant messages are transitory with no expectation of retention, so deletion alone is not a violation.

Gale A. Brewer

Thank you very much.

Gale A. Brewer

I really appreciate what you had to say, Public Advocate Williams, and then Councilmember Wilson.

Member of the Public - Jumaane Williams

Thank you very much, Madam Chair.

Member of the Public - Jumaane Williams

As everyone knows, I have a great respect for this administration.

Member of the Public - Jumaane Williams

So it upsets me that they have me agreeing with Councilman McCarr very much.

Member of the Public - Jumaane Williams

But I am also disappointed that the communications of folks who should be here are not.

Member of the Public - Jumaane Williams

I am coming from the point of view that I don't know that anything was wrong, done wrong.

Member of the Public - Jumaane Williams

But there were questions that were raised by this article that I believe the public should hear answers to so that they can feel sure that nothing wrong occurred.

Member of the Public - Jumaane Williams

But the fact that the correct folks aren't here doesn't really help that story.

Member of the Public - Jumaane Williams

And so I don't know what to say except the right people should be here.

Member of the Public - Jumaane Williams

So that we can ask questions and people can hear the answers.

Member of the Public - Jumaane Williams

And so it is frustrating that that hasn't happened.

Member of the Public - Jumaane Williams

But I do want to ask some questions about what was testified.

Member of the Public - Jumaane Williams

And I will say my belief is that most elected officials are struggling with this.

Member of the Public - Jumaane Williams

So having a better understanding is really important.

Member of the Public - Jumaane Williams

I just want to be clear.

Member of the Public - Jumaane Williams

Is it?

Member of the Public - Jumaane Williams

Is it the understanding of the law that messages through text, through signal, through WhatsApp do not have to be retained because of the nature of the communication?

Member of the Public - Shanta Smith-Cruz

Thank you for the question, Public Advocate Williams.

Member of the Public - Shanta Smith-Cruz

The nature of how a record is structured and how we define records and the nature of using instant messaging, any type of instant messaging, is that it is transitory and so there is no expectation for their attention.

Member of the Public - Jumaane Williams

I want to reclaim what that means, no expectation.

Member of the Public - Jumaane Williams

So if it's not retained, there's no law or policy that's been broken.

Member of the Public - Jumaane Williams

Is that what you're saying?

Member of the Public - Shanta Smith-Cruz

Thank you for that question.

Member of the Public - Shanta Smith-Cruz

That is correct.

Member of the Public - Jumaane Williams

No, please say more.

Member of the Public - Jumaane Williams

This is actually, I think, probably news to a lot of folks who are hearing it.

Member of the Public - Jumaane Williams

I think as we've struggled with this, retention has been more on the, leaning more on the retention side than not.

Member of the Public - Jumaane Williams

So I'm really interested in really fleshing this out.

Member of the Public - Jumaane Williams

So you can feel free to say more.