I seek the opinions and insights of this List concerning the appropriate
retention period for confidentiality agreements for electronic access to
justice information.



BACKGROUND:  Our technology department requires individuals (county
employees, subscribers, and associates from other governmental entities) to
sign a confidentiality agreement prior to being granted access to our
Justice Information Management System (JIMS).  Signers acknowledge that they
understand that unauthorized release of information is a criminal offense
and promise not to do it.



We have no direct guidance from the Texas State Library as to how long to
maintain these files although for state agencies (as opposed to Local
Governments) there is a 2-year after closed retention.



Under Texas law, unauthorized release of information is normally a
misdemeanor with a 2-year statute of limitations although in some instances
it is second degree felony with a 5-year statute of limitations.



ANALYSIS:  After the JIMS user signs the form I do not believe that these
documents are not worth much because unauthorized release of information is
a crime and ignorance of the law is no defense.  A prosecutor could
conceivably introduce them into evidence as an act of theatrics but it would
not affect innocence or guilt.



FIRST CONCLUSION:  It would seem that the appropriate retention period would
be a short one, probably until superseded + 2 years.



BIG CAVEAT:  Some of the information in JIMS comes from NCIC and the Feds
frequently have long retention periods.  For instance NARA's Implementation
Rule for the "Classified Information Nondisclosure Agreement (Form SF 312)
states that agencies "must retain its executed copies...for 50 years
following its date of execution."  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.



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



Paul R. Scott, CA, CRM

Records Management Officer

Harris County, TX

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