After a break, I'm back.  I'm not going to explain the reason for my
absence on the listserve so if you're interested please ask for me to
email you personally.

RECORDS are whatever the law says records are.  Here in Australia each
state also rules on what is a record just as in the US, and there's a
high degree of correlation with the ISO15489.

However I know of no place in Australia that says any particular medium
is not a record, and I'd be very disappointed if they did.  Anything
that has been recorded (in any medium) should be classed as a record,
imo.  If you don't want to keep something, you can then say that it's
ephemeral and can be destroyed once reference has ceased, but I still
don't see the sense in applying that based on the medium type.

However, whatever the law says is a record, that's a record, no matter
what anyone says (be they an attorney, an information co-ordinator, or
someone more important).

Grahame Gould
Information Co-ordinator
Shire of Wyndham East Kimberley
Kununurra, WA, Australia
www.thelastfrontier.com.au 

This email may contain confidential information.  If you are not the
intended recipient, please contact the sender.

The views expressed in this email may or may not be the official
position of the Shire of Wyndham East Kimberley.


-----Original Message-----
From: Records Management Program [mailto:[log in to unmask]] On
Behalf Of Peter Kurilecz
Sent: Friday, 27 January 2006 9:54 AM
To: [log in to unmask]
Subject: Re: Voicemail to .wav redux

On 1/26/06, Nolene Sherman <[log in to unmask]> wrote:

> In the 2002 thread, some states said that they specifically defined VM
> as a non-record not subject to FOIA (Florida and Oregon were
mentioned).
> Has this held up? If that can be done for voicemail, why can't it be
> done for email?

first of all FOIA does not affect a publicly traded company. FOIA
decisions such as above can serve as a basis for what you want to do,
but I wouldn't rely to strongly on them unless you have the background
information that allowed those states to make those decisions.

>
> I'm interested in finding out how other public companies are handling
> these VM to .WAV systems. It's all well and good to say these things
are
> records, but how are companies actually implementing such a policy? Or
> are they going the "non-record" route?

what I can point you to is the SEC reg 17 CFR 17a-4 which requires
that broker-dealers retain ALL client communications. Communications
is not defined. In this case a VM would be IMHO considered a record.
But your company is not (I suspect) subject that regulation.

Recently I attended an ARMA chapter meeting, the speaker noted that
their VM system does not record messages longer than 15 seconds. The
company set up the system that way so that a caller could not leave
information subject to their various litigation holds. This might be a
possible solution for your company. limit the system to a specific
amount of time such that a caller could leave only their name and
number.



--
Peter Kurilecz CRM CA
Richmond, Va

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