A Basic Definition to Guide the Discussion: E-communications that meet the definition of records must be retained according to a schedule and must be accessible in the case of a FOIA request and conversely deleted according to that same schedule.
Why?
Records are important to business functions
Federal and State Law mandates: FOIA
In the case of litigation, it can protect you.
Dissecting the Definition:
E-communications...
E-mail, IM, Calendars, Web Pages, Blogs, digital images, databases, word processed documents, spreadsheets, CAD, GIS, web pages, etc.
...that meet the definition of records...
What are records?
"Prepared, owned, used, in the possession of, or retained by a public body in the performance of an official function, from the time it is created."
Types of Records
Official Records: recorded information that is prepared, owned, used, in the possession of, or retained by an agency in the performance of an official function. Retain according to agency specific and general schedules.
Transitory Records: records relating to agency activities that have temporary value and do not need to be retained once their intended purpose has been fulfilled. Retain for up to 30 days
Non-records: recorded information in the possession of an agency that is not needed to document the performance of an official function Destroy ASAP and includes drafts, duplicates, convenience copies, publications and other materials. NOTE:Sometimes multiple offices possess copies of the same record. Only the “office of record” is responsible for following the retention period that is specified. Duplicates do not need to be retained.
Personal Records: records that document nongovernment business or activities. Note: agencies may have policies that prohibit the use of personal e-mail with government technology resource Do not use government technology resources
From: MHAL: Electronic Mail Retention Guidelines
...must be retained according to a schedule...and conversely deleted according to that same schedule.
Keep records as long as they have:
Operational/Administrative Value
Fiscal Value
Legal Value
Historical/Archival Value
Destroy records when their value ceases to exist
Save Space
Don't Keep Records that Unnecessarily Embarrass Staff or the District
Easier to Manage and Retrieve
From: MHAL Retention and Disposal Schedule for Public Schools
...in the case of a FOIA request...
Some Notes on the Freedom of Information Act (FOIA)
Each District or Entity should designate a FOIA representative
In the case that you receive a FOIA request or Litigation:
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
Notify all responsible parties to stop destroying relevant messages once a request is received or anticipated
Failure to cease the destruction of relevant records could result in penalties
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 as long as Destruction is authorized by an approved Retention and Disposal Schedule.