< (3) the records to be retained are
accessible only by agents and employees of the agency or of the record storage
facility and the agency has in place a procedure to ensure that any of the
types of information listed in § 2.2-3808.2(A) will be expurgated from such
records before any other individual is able to access such records. >
This is at least closer to the requirements of §2.2-3800
through 3809 (Virginia Government Data Collection and Dissemination Practices
Act), although a bit contradictory when you combine it with #1 & 2. However,
the question remains – how would this prevent the misuse of personal
information during the span of the legal retention time? Some managers here
see the amended versions as overly proscriptive, and I tend to
agree with them. Does LVA have the staff to review initial and annual written
certifications meeting the proposed conditions? How would you confirm the
conditions are met? What if our administrative needs require extension of the
GS retention values for records that contain personal information. Will LVA be
in a position to review and approve these types of changes to our specific retention
schedules? What if the records are subpoenaed or included in legal discovery?
Does an agency have to redact all personal information before providing them in
response in order to meet the conditions of this proposed wording? Wouldn’t
this invalidate the response legally?
Ginny Jones
(Virginia A. Jones, CRM, FAI)
Records Manager
Information Technology Division
Newport News Dept. of Public Utilities
Newport News, VA
[log in to unmask]
From:
Sent: Thursday, February 09, 2006
11:24 AM
To: [log in to unmask]
Subject: HB 959
Ginny and Jerry,
Thanks very much for your comments. I'll have an
opportunity to pass them on. Tuesday morning, Delegate Cox's House bill
came up in committee and he asked that it be passed by for the day so that
differences with the Senate bill could be resolved in committee. There is
yet another suggested change to wording that is proposed by the Attorney
General's Office.
B. Each agency shall ensure that records
authorized to be destroyed or discarded in accordance with subsection A, are
destroyed or discarded [ in
a timely manner within six months of the expiration of the
record’s retention period ] in
accordance with the provisions of this chapter. [ All
records previously authorized to be destroyed must be destroyed by July 1,
2007. ] However, the requirements in this subsection shall not apply
to the extent the custodian agency makes a written certification that: (1) the
records to be retained do not contain any of the types of information listed in
§ 2.2-3808.2(A); (2) the types of information listed in § 2.2-3808.2(A) have
been expurgated from such records; or (3) the records to be retained are
accessible only by agents and employees of the agency or of the record storage
facility and the agency has in place a procedure to ensure that any of the
types of information listed in § 2.2-3808.2(A) will be expurgated from such
records before any other individual is able to access such records. Exemption
(3) shall remain in effect only if the agency annually renews its
certification.
This isn't in the bill as of now. It's wording the
AG's Office will offer.
The other sections cited refer to records kept by clerks of
court and it's not clear to me if the intention is to apply 2.2-3808.2(A) to
state agencies as well, or if it is necessary that all three conditions need to
be met when seeking an exemption.
Lobbyists for the clerk's association have this bill on
their radar.
Your comments are welcome.
Conley
********************
Conley L. Edwards
State Archivist
Library of
Telephone: 804-692-3554
Fax:
804-692-3603
E-mail: [log in to unmask]
********************