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 FIRST CONCLUSION: It would seem that the appropriate retention period would be a short one, probably until superseded + 2 years.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 List archives at http://lists.ufl.edu/archives/recmgmt-l.html Contact [log in to unmask] for assistance