The law or best practice has changed, but have you reviewed the change with
stakeholders of the record type for operational considerations?  A 25-year
decrease is significant.  It may or may not be an issue operationally, but
including stakeholders for operational considerations is critical.  Assuming
you have done complete research about the retention period for the record
type, then once the change is approved through a retention committee then
the current retention period will apply.  Maintain all the documentation
representing the reasoning for the change and showing the approval of the
retention committee so when or if the retention period becomes shorter, you
will be able to show why a destruction was justified.

Of course any records subject to a duty to preserve would still be subject
to that duty until officially released regardless of a change in retention
period.

I would be curious how many have a functioning retention committee and if
you do, how often they meet and what is the size and makeup of the
membership on the committee?

-----Original Message-----
From: Records Management Program [mailto:[log in to unmask]] On Behalf
Of Piotrowski, Charles
Sent: Tuesday, August 12, 2008 9:46 AM
To: [log in to unmask]
Subject: Are new retention periods retroactive?

Sorry, if this is a repeat, but I can't seem to find it in the
archives....

I have 2 questions that I can best put forward as two examples with
questions:

Example 1: "The Law" 
The law was changed for record X in 2008.  The law was "Keep record X
for 50 years." The law as of Jan 1 2008 states "Keep record X for 25
years." There is no mention of the retroactivity.

Q1: Can I toss all records after 25 years, or will I have to keep
records prior to 2008 for 50 years?


Example 2: "Best Business Practice"
Business process analysts determine that record Y is kept too long.
Previously, the practice was to "Keep record Y for 50 years." The BPA
creates a new procedure which goes in effect on January 1, 2008. It
states "Keep record Y for 25 years." 


Q2: Should I toss all records after 25 years, or should I keep records
prior to 2008 for 50 years?

As always, TIA!

Best,
Chuck 


Chuck Piotrowski
Information Asset Management Program 
CVPS
www.cvps.com
This computer runs on Cow Power!

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