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
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 § 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
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