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Subject:
From:
Larry Medina <[log in to unmask]>
Reply To:
Records Management Program <[log in to unmask]>
Date:
Wed, 28 Oct 2009 11:29:56 -0400
Content-Type:
text/plain
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On Wed, 28 Oct 2009 09:54:28 +1100, Andrew Warland <[log in to unmask]>
wrote:

>I am doing some general research on the subject of managing emails and
>seeking anecdotal comments on how emails addressed to senior
>organisational positions are handled within organisations,
>particularly in Government.  This is *not* a question about filtering
>spam but about genuine email addressed to positions or the name of the
>person in that position.
>
>(a) How do organisations handle emails addressed to a position (eg
>CEO@..)?  Are they mostly managed by personal assistants? Do they get
>put into any recordkeeping system?
>
>(b) How do organisations handle emails addressed to the (publicly
>known) name of a person who occupies a senior position (eg jsmith@..),
>where the email is effectively hidden from view in that person's email
>system?
>
>(c) How do (publicly known) individuals identify and handle genuinely
>personal email addressed to them by position or name?
>
>I expect there is a mixture of ways including: the use of simple email
>rules or filters, 'white lists', scanning by assistants, alternative
>email addresses for personal use (including web mail) and so on.
>
>I'm happy to receive responses to this offlist: [log in to unmask]
>
>Thank you
>
>Andrew
>(Sydney, Australia)


Andrew-

You may want to consider looking at this publication as a starting point for
some guidance http://bit.ly/1xZQJj  Although it's dated 2004, it is specific
to Australian legislatiojn.

(The following is an excerpt)
7.1 The following table lists the various legislation requiring retention of
emails.
Legislation name – Commonwealth
Electronic Transaction Act 1999
Evidence Act 1995
Freedom of Information Act 1982
Archives Act 1983
Income Tax Assessment Act 1997
A New Tax System (Goods and Services Tax) Act 1999
A New Tax System (Fringe Benefits) Act 1999
Corporations Act 2001
Privacy Act 1988
Workplace Relations Act 1996

As mentioned by Patrick, "Government" is a bit different... but one thing
that is consistent is the first determination to be made is does the content
constitute a record?  Even (especially?) in US Government, this distinction
is made to determine the need for retention beyond 180 days and the manner
in which e-mail is managed.  

If it is a non-record, or a "transitory" record, the message may be left
within the native e-mail application and dispositioned from that source.  If
it is a record, then it must either be moved to an approved RMA or printed,
if your Agency maintains their records in paper form, or does not have an
RMA that meets the Federal requirements.   This same practice applies to
Contractors performing work for Federal Agencies.  (Specific guidance can be
found in 36CFR)

There is a second caveat, related to records of Senior Officials (which are
defined in GRS 23, Item 5(a) http://bit.ly/2gOT9K ). This requires an
independent NARA review to establish the requirements for Agencies.  In the
case of the Agency that sets the requirements for the Contractor  I am
associated with, that period is Permanent... and it applies to the Agency
and all of its Contractors Senior Officials in similar position levels.

The concept of "personal" correspondence can be a bit more of an issue,
especially if its sent to a Government account.  While the message in the
individuals in box may be deleted as a non-record, if the e-mail system
captures content at the point of ingestion and creates a copy, a digital
footprint of that copy will remain wherever it is managed and for as long as
practices retain it.

This is part of the problem with what are referred to as " e-mail archiving
solutions", which as I have frequently said are neither an ARCHIVE or a
SOLUTION, they are only digital repositories that present greater challenges
for organizations that choose to deploy them.  

They result in the inconsistent application of retention practices of
information by keeping some information (especially non-records) longer than
necessary and, and in the event of a legal action, they must be declared and
potentially are subject to discovery.  In any event, they may NOT be
destroyed, modified, or purged once an organization is put on notice of a
legal challenge, filed or pending. 

As to your mention of web mail, in the US it matters not.  If the content
constitutes a Federal record, it STILL must be maintained and preserved in
an appropriate recordkeeping system, including all transmission and receipt
data.

Logical?  Maybe not... Regulations? Yep, and they must be followed.  Is it
happening consistently across the US Government?  Well, you be the judge...
http://bit.ly/4j24uR  

Larry
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