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