The probe of former Maryland State Superintendent Mohammed Choudhury and key members of his executive team found that the officials used the encrypted messaging service Signal to communicate about personal and work-related matters. The Office of the Inspector General for Education did not find any rules explicitly barring the use of privacy-centric messaging apps but noted the practice underscored concerns about transparency and the retention of government records.
“Despite a former executive team member’s concern regarding the optics and potential implications of using such an application, the practice continued until public scrutiny increased,” the two-page investigative summary says.
Choudhury told investigators that work matters would sometimes get “mixed in” with personal issues when he used Signal to communicate with members of the education department’s executive team. He said he was aware of the department’s records-retention policy but that he “considered the messages sent via Signal to be miscellaneous records that could be discarded as he saw fit.”
He said he had not received official training on the state’s communication policy but “believed the state should develop policies regarding encrypted messaging applications.”
A host of messaging apps, including Signal as well as WhatsApp and Telegram, include encryption features and the option to have messages automatically delete themselves after a certain timeframe.
Controversy over state officials using the self-destructing messaging apps, which potentially skirt open-records laws, is not new in Maryland. U.S. Senate candidate and former Gov. Larry Hogan and his staff famously used Wickr, an app featuring quickly deleting messages, prompting concerns from lawmakers and good government advocates.
The state education report notes that “messaging applications are challenging to keep up with due to continuous technological changes” but recommends that the education department update its policies to address their use, including by setting a records-retention schedule for such communications.
Choudhury, who was hired during the coronavirus pandemic to be the state’s education leader and implement early stages of the Blueprint for Maryland’s Future reform plan, began to face scrutiny over his leadership style toward the end of his tenure. He ultimately decided not to seek a second term, and Carey Wright stepped into the role permanently in April.
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