>>QUESTION:  What am I missing that suggests that a long retention
period is needed for non-disclosure agreements?<<

Paul,

Confidentiality agreements do not expire with termination of employment.
I have signed a number of them in previous positions and am still bound
by them, even though I have not worked for the companies or on the
projects for years.  The limitations of actions you are referring to
apply to after the individual has made the unauthorized disclosure, not
from the time the agreement was signed.  Therefore, if I was to disclose
classified information today from my work building ICBM facilities in
the mid 80's, I would be in violation of the secrecy agreement that I
signed at the time.  The feds would have x years to prosecute me from
the date of the disclosure.

>>unauthorized release of information is a crime and ignorance of the
law is no defense.<<

I believe your basic premise is mistaken.  True, unauthorized release of
information is a crime.  However, the ignorance in this case is not of
the law, but of the need to hold information confidential.  A defense
that has been used successfully more times than I can count.  The
argument is that neither my direct supervision or organization ever told
me that the information I was accessing was confidential and needed to
be protected.  Without the signed agreement, there is no proof that I
was properly instructed and knew or understood my responsibilities.  In
fact, without the signed secrecy agreement, I can argue that the
organization and its employees failed in their obligation to instruct me
about the confidentiality of the information and ultimately are
responsible for the unauthorized disclosure. Such findings can lead to
corporate and individual sanctions, fines or prison.

>>A prosecutor could conceivably introduce them into evidence as an act
of theatrics but it would not affect innocence or guilt.<<

It absolutely can determine who is responsible for the disclosure.  The
responsible party is the guilty one and the one the damaged party will
go after for damages.

>>Oddly, General Records Schedule 18 provides for 70-year retention for
Classified Information Nondisclosure Agreements.  And furthermore for
the Department of Energy 32CFR2003.20 also provides for a 70-year
retention.<<

Not at all odd.  If I begin work for the feds at age 20, the secrecy
agreements that I sign will protect the information until I am 90.

I have seen dozens of cases where similar documents were the deciding
factor in cases of alleging wrongful discharge and an assortment of
other actions.  The ability to produce or not produce a document signed
by the individual was the key to the decision in the vast majority of
the cases.  I would strongly suggest you consider retaining secrecy and
non-disclosure agreements for a much longer period of time.

Bill Roach, CRM
Enterprise EDMS Coordinator
State of North Dakota
ITD/Records Management
701-328-3589

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