Conley,
Thanks for the timely update. 
 
The governor's changes somewhat address the identify theft concerns of the
Office of the Attorney General while relaxing the requirements in a way that
will please many.  However, I am disappointed because it in some ways
weakens our records management program.  Our guidance has been that the
retentions are to be followed as written unless there is outstanding
litigation, etc.  Now my customers can tell me that they have six months to
destroy records with "identifiable information" and other records need only
be destroyed in a "timely manner", which for them will be "when I retire in
six years."   
 
While the governor's proposed changes to SB461 may be of some help to us in
properly managing records with "identifying information", it actually
weakens our ability to enforce compliance with the other 70-98% of the
records we create. What does "timely manner" mean; whom can I cite as the
authority for what it means; and what can I do to enforce compliance?     
John
 
John B. Breeden, CRM
Agency Records Manager
Virginia Department of Transportation
804-786-0954
[log in to unmask]
 

   _____  

From: Conley Edwards [mailto:[log in to unmask]] 
Sent: Friday, April 14, 2006 12:37 PM
To: [log in to unmask]
Subject: Governor Kaine Proposes Changes to SB 461


Governor Kaine has proposed changes to SB 461.  The bill originally required
the disposal of records within six months of the expiration of the retention
period and required the Librarian of Virginia to report annually on records
destruction.
 
The Governor's proposal deletes these provisions and changes the language to
read:
 
Each agency shall ensure that records created after July 1, 2006 and
authorized to be destroyed or discarded in accordance with subsection A, are
destroyed or discarded in a timely manner in accordance with the provisions
of this chapter; provided, however, such records that contain identifying
information as defined in clauses (iii) through (ix), or clause (xii) of
subsection C of §
<http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-186.3> 18.2-186.3,
shall be destroyed within six months of the expiration of the records
retention period.
 
The reference to 18.2-186.3 describes "identifying information" such as
 
(iii) social security number; (iv) driver's license number; (v) bank account
numbers; (vi) credit or debit card numbers; (vii) personal identification
numbers (PIN); (viii) electronic identification codes; (ix) automated or
electronic signatures;  (xii) passwords; 
 
contained in records that "shall be destroyed" within six months of the
expiration of the retention period.
 
These changes still need to go back to the General Assembly for discussion
and approval, so this may not be the final language.
 
I welcome your comments on these changes and their possible impact on your
programs.
 
Conley
 
********************
Conley L. Edwards
State Archivist
Library of Virginia
800 East Broad Street
Richmond, VA  23219
Telephone:  804-692-3554
Fax:           804-692-3603
E-mail:  [log in to unmask] <mailto:[log in to unmask]> 
 
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