More records missing in Swallow investigation

- SALT LAKE CITY, (ABC 4 Utah) - The list of missing electronic records has grown according to court documents filed by the special legislative committee investigating the Utah Attorney General.

Special Investigative Committee Chairman Jim Dunnigan said the group wants access to emails and other electronic records to determine whether or not the allegations against Attorney General John Swallow are factual or not. The Committee requested records dating back to 2009 when Swallow first took office as Chief Deputy Attorney General.

"We have some information, but it appears that there are definite gaps in periods of time where emails are not there," Dunnigan said.

According to the court documents, the list of lost or deleted electronic records from the Attorney General's Office includes:
  • a potentially large numbers of emails
  • a potentially significant number of calendar entries from 2009, 2010 and 2011
  • all information from a state-provided desktop computer, laptop, personal data assistant
  • information from the Attorney General's home computer, which crashed in early 2013
  • data from the Attorney General's cell phone which was replaced and retired in 2012
Click here for the link to the court documents for more information. The motion was filed to have a judge intervene and request the Attorney General's Office hand over documents with personal health information. The AG's Office has been hesitant to do so because of HIPAA privacy rules. 

Dunnigan said the committee has no interest in looking at anyone's personal health information, but the data is intertwined with other records they feel is pertinent to the investigation.

Swallow's Attorney Rod Snow said it is undetermined how much or why data is missing. He said in the summer of 2012, Swallow exchanged two computers to upgrade. The old computers were retired and wiped of all data. He also said Swallow's hard drive from his personal computer crashed in January 2013. They tried to recover the data, but were unsuccessful.

Snow also said if the Office and the Committee can resolved the problem over HIPAA issues, the Committee will attempt to recover the data. He hopes they are successful in their efforts because he believes the data will not suggest any wrongdoing on the part of Swallow. He said the motion is about documents from 2009 to early 2013, which predate any investigation of Swallow.

Dunnigan said the Committee will meet Tuesday to determine if any data can be retrieved and if the data was intentionally deleted or not.


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