is it common to avoid foia requests by using private accounts?
Yes, using private email accounts, personal cell phones, and encrypted messaging apps to evade Freedom of Information Act (FOIA) requests is a widespread and persistent problem across all levels of government.
While it is a common tactic used by officials to avoid public scrutiny, it is illegal. Courts have repeatedly ruled that the content of the message determines whether it is a public record, not the device or account used to send it.