Public Agencies (Governments) have a slightly different definition of documents/records than private sector folks because of the open records/FOIA issues.  

Definition:  Public (government) records are defined by Kentucky statute  (KRS 171.410 (1)) as "all books, papers, maps,  photographs, cards, tapes, disks, diskettes, recordings  and other documentary materials, regardless of  physical form or characteristics, which are prepared,  owned, used, in the possession of or retained  by a public agency."

Note that KY's public records law lacks the phrase, "in the course of business" or "pursuant to legal or official requirements" or something to that affect.  Thus, our AG's office (the state's authority on open records) has interpreted that to literally mean ANYTHING in your possession.  In reference to email, we had to create a series called "non-business records" and attach a retention (destroy immediately) because the AG's office would rule that even spam is technically a public (government) record because it is on your computer/system/account.  In course of the Open Records Act (KRS 61.870-61.884) they look at records more like courts view evidence, not just records in the classic sense, but information generally.

So in answer to your question, for government entities in KY, there is no difference between a "document" and a "record."  We've looked at it more as a document being a single object, while a record could be made up of multiple objects, but a document is a record.  Thus, once the record (or document) is "prepared (created), owned, used, in the possession of or retained by a public agency" it's a record.  Duplicate copies are still technically records, they have a retention of "destroy when no longer needed" but they are still records that the agency is responsible for managing.  We tried explaining NARA's concept of non-record (a record that doesn't meet the definition of a federal record, think non-business related) and it just made the AG rep to the State Archives and Records Commission head hurt.  They don't make that distinction.  This makes life extremely fun in the electronic world.

 Mark J. Myers
Electronic Records Archivist
Technology Analysis & Support Branch,
Public Records Division,
Kentucky Department for Libraries & Archives
300 Coffee Tree Road PO Box 537 Frankfort, KY 40602-0537
Phone:  (502)564-8300 ext. 244
Email:  [log in to unmask]
www.kdla.ky.gov 


      

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