FOIA Notes

Suspending Destruction

FOIA, Litigation, Audit, Investigation

• Immediately cease the destruction of all relevant

records (even if destruction is authorized by an

approved Retention and Disposal Schedule)

• If relevant records exist in electronic formats, notify

information technology staff

• Failure to cease the destruction of relevant records

could result in penalties

• Amendments to the Federal Rules of Civil Procedure

went into effect on December 1, 2006

􀂃 Address the role of electronically stored information as

evidence in federal courts

If messages are destroyed on a regular basis,

in accordance with approved Retention and

Disposal Schedules, they may no longer exist

when a FOIA request is received. Agency will

not be penalized for not releasing the record.

E-mail and Litigation

• Immediately cease all destruction of relevant e-mail

in active accounts and on backup tapes when

litigation is imminent.

• Government agencies do not want to be charged

with destroying evidence.

• Amendments to the Federal Rules of Civil Procedure

went into effect on December 1, 2006

􀂃 Address the role of electronically stored information as

evidence in federal courts

Releasing E-mail

• Finding and releasing e-mail can be timeconsuming

and costly

• E-mail can be retained in a lot of places, by a

lot of people

• Notify all responsible parties to stop

destroying relevant messages once a request

is received or anticipated

• Keep your records organized

• Know who has what