WALLIS Dwight D <[log in to unmask]> wrote:

>> If a non-record, no action required by user- system can have an
>automated process that deletes all mail left in in box or out box after
>X days, whatever is consistent with the organization policy for
>non-record or transitory value information.
>
>...and I would agree with the above, however, in the
>public sector it has been increasingly challenged by the press and
>others seeking public access. It appears to be more effective in the
>private sector.
>

No disagreement it's MUCH easier in the private sector, but all the same the
press has a bit of a distorted perspective of what they're 'entitled to'.  

Even in the Public Records world, there *IS* a definition of what
constitutes a RECORD and if that is clearly defined and there are consistent
practices of how they are managed and what is required to be retained, that
which is NOT a record can be discarded. 

Where it all breaks down is if you have certain individuals that decide they
want to retain everything (just in case, or for whatever reason) then it
calls into question the lack of a consistent application of the retention
practices and then there are problems. 

Case in point is why the Quon case dragged on in the lower courts as long as
it did and ended up in the lap of the Supremes. There was a policy, it had
been distributed, officers were required to acknowledge receipt of the
policy, it was amended to include texts sent to pagers and again the
officers were required to acknowledge receipt of the policy, but a mid level
official made a unilateral decision to allow an exception.

...climbs on soap box...  

Policy is never perfect, but if it's followed by everyone, applied
consistently across all aspects of the organization it's applicable to, and
compliance is routinely validated it is what it is.  

A big gray area with computer usage, e-mail included, in ALL organizations
is "occasional use" for personal purposes.  One piece that is critical with
this is clearly stating NON-RECORD, especially PERSONAL INFORMATION, is not
to be commingled with business/public records and that it MUST be stored
independently.  If when performing a compliance review this is found to NOT
BE THE CASE, then it should be clearly documented, including the resolution
taken.

Like it or not, all information created or received, even by a Public
Entity, is NOT A RECORD... it may all be data or information, but if there
is a clear definition of what constitutes a record, only what meets this
definition is.

...climbs back down...

Larry
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