Judge Ordered Portland Councilor to Preserve Phone Data
A Multnomah County judge mandated forensic imaging after conflicting statements regarding device trade-ins.
Updated on Oct. 10, 2026 in Cybersecurity
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A Multnomah County judge has issued a preliminary injunction requiring Portland City Councilor Dan Ryan to preserve personal phone data. The order follows a public records lawsuit filed by the Portland Mercury and a retracted claim by Ryan regarding the status of his previous device.
Why it matters
The court's action aims to prevent the permanent erasure of public records, as Ryan's device settings automatically delete text messages after 30 days. This ruling ensures that digital evidence remains accessible for an ongoing public records litigation.
Councilor Dan Ryan’s phone settings automatically purge text messages every 30 days, creating a risk of data loss for ongoing litigation. The court has now mandated forensic imaging to secure the data, with the City of Portland covering the costs of this technical process.
The players
Dan Ryan
A member of the Portland City Council whose personal communications are the subject of an ongoing public records lawsuit.
Judith Matarazzo
A Multnomah County Circuit Court judge overseeing the public records litigation and the associated preservation order.
Portland Mercury
A local publication that initiated the public records lawsuit to access information regarding the councilor's activities.
The details
The court order requires Ryan to perform a full forensic imaging — a bit-by-bit copy of a storage medium used to preserve digital evidence for legal analysis — of his devices within three weeks. This process creates an immutable snapshot of all communications and application data stored on the hardware. Ryan must also generate a new backup of his communications and application data within one business day to prevent further data loss.
Timeline
September: The Portland Mercury filed a public records lawsuit against Dan Ryan.
October 1: Judge Judith Matarazzo granted a temporary restraining order.
October 8: Ryan filed a declaration retracting his claim that his phone had been traded in.
October 9: A Multnomah County judge issued a preliminary injunction.
February 12: A copy of the device data was successfully made.
The Tech Race
This case highlights the growing friction between standard consumer privacy features, such as automatic message deletion, and the legal obligations of public officials under Oregon public records law. Courts are increasingly treating personal devices as critical repositories for evidence, moving beyond traditional paper record-keeping.
Residents in Portland should note that this ruling establishes a precedent for how local officials must manage digital evidence on personal devices when they overlap with public duties. The city will absorb the costs of the forensic imaging process, though the timeline for the final evidentiary review remains dependent on the court's schedule.
The takeaway
The court has set a strict timeline for the preservation of digital communications, underscoring the legal necessity of maintaining records even when using personal hardware. Observers should track the upcoming filing of the new declaration to see if the status of the previously missing phone is fully clarified.
What happens next
Dan Ryan is required to file a new declaration concerning his phone's status within three days of October 9 and must complete the forensic imaging of his devices within three weeks.
Further reading
For more on the intersection of digital privacy and transparency, visit Cybersecurity.
Source note: This article includes information reported by Portland Mercury.
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