FRCP changes the definition of a record a bit - but back to that article
that says its a record if it has a retention schedule. Retention
schedules don't just magically appear. I think there's no simple answer
because the definition of what is a record changes with business
processes, with how people do their work. What is of prime importance
to one group may be junk to someone else. Knowledge of business process
is important and shows how information is used. Some of that
information becomes records. Some of that information may be kept as
reference material and is not necessarily a record of the organization.
Some of that information is not of lasting value.
Now I'd better go find my hard hat, and take cover.
Susan Fitch Brown
[log in to unmask]
>>> Julie Fleming <[log in to unmask]> 5/13/2009 1:09 PM >>>
Sometimes even the examples shown can be considered "records" for
purposes of litigation. The Sedona Conference guidelines state as
follows:
....Stated simply, this means that organizations must retain certain
information when:
● A local, state or federal law or regulation mandates continued
availability and accessibility;
● Internal organizational requirements, including policies and
contracts or other record-keeping requirements,
mandate retention, such as records for tax purposes; or
● The information is worthy of retention because it has other value
to
the organization.
In addition, organizations must take steps to preserve certain
information if it is relevant to actual or reasonably
anticipated litigation, subpoenas or government investigative requests,
regardless of whether it meets any of the
preceding criteria or constitutes a formal “record” of the
organization. If, and only if, information does not meet the
above criteria requiring retention or preservation, then it may be
destroyed and in some cases must be destroyed."
Julie Ann Fleming, CRM
-----Original Message-----
From: Kim Payne <[log in to unmask]>
To: [log in to unmask]
Sent: Wed, 13 May 2009 12:12 pm
Subject: Re: When is a document not a document
The other way to look at this is: When is this not a record. We have a
simple test in our training series that qualifies this question.
1. Is it a rough wor
king paper and/or calculations created in the
preparation of official records?
2. Is it a draft not intended for further use or reference, excluding
official version drafts of agreements, submissions and legal
documents?
3. Is it a duplicate?
If you were able to answer any of these questions with a YES, then it
is NOT a record.
Train early, Train often, Train everybody.
Thanks,
Kim Payne
Records Readiness Learning Series
--------------------------------------
Phone: 702-289-4230x2011
www.RecordsReadiness.com
-----Original Message-----
From: Records Management Program [mailto:[log in to unmask]] On
Behalf Of Luciana Duranti
Sent: Wednesday, May 13, 2009 8:44 AM
To: [log in to unmask]
Subject: Re: When is a document not a document
Anything that is kept is meant to be communicated through time
(somebody intends to go back to it eventually). I think that
communication is implicit in information just like data, content,
form, etc. As communication is a a feature of any information, I do
not think that it is the what distinguishes a document from a
record. What makes a record is its network of relationships with the
activities in which it participates and with other records as
expressed by where it is filed, or by its place within a
classification system (which would hopefully be in relation to a
retention and disposition schedule).
Luciana
At 08:29 AM 13/05/2009, you wrote:
>Luciana said "...except for20the fact that they all say that records
are
>documents (recorded information) or information, and information is
>defined as "intelligence given" (Samuels), which means "a message
>conveyed", meaning intended for communication, either across time or
>across space."
>
>Fair enough, but as others have pointed out in their replies to this
>query, there are many documents that are created and then not
>communicated, at least not immediately (which may or may not fall
within
>the span of a retention requirement).
>
>I submit that if the formal definitions I cited earlier had intended
to
>include "communication" as an enabling factor, they would have
>explicitly said so--it's in the nature of such definitions.
>
>Without such an explicit statement, I would normally (there are
always
>exceptions) say that communication / transmission of a document, or
the
>absence thereof, has no bearing on the records status of the
document.
>
>Call me literal-minded, if you like.
>
>Fred
>===================================================================
>Frederic J. Grevin
>Deputy Commissioner and Chief Information Officer
>The City of New York,
>Department of Records
>Email: [log in to unmask]
>Land phone: 212.788.8615
>Cell phone: 347.436.5360
>Fax: 212.788.8614
>www.nyc.gov/records
>31 Chambers Street
>New York, NY 10007
>USA
>
>List archives at http://lists.ufl.edu/archives/recmgmt-l.html
>Contact [log in to unmask] for assistance
>To unsubscribe from this list, click the below link. If not already
>present, place UNSUBSCRIBE RECMGMT-L or UNSUB RECMGMT-L in the body
>of the message.
>mailto:[log in to unmask]
Dr. Luciana Duranti
Chair and Professor, Archival Studies
Director, The InterPARES Project www.interpares.org
Director, Digital Records Forensics Project
www.digitalrecordsforensics.org
School of Library, Archival and Information Studies www.slais.ubc.ca
The University of British Columbia
The Irving K. Barber Learning Centre
Suite 470, 1961 East Mall
Vancouver, British Columbia V6T 1Z1 CANADA
Tel: 604.822.2587
Fax: 604.822.6006
www.lucianaduranti.ca
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