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U.S.
Department of Commerce E-mail Policy
U.S.
DEPARTMENT OF COMMERCE
E-mail
Policy
ELECTRONIC
MAIL...E-MAIL...RECORDS...NON-RECORDS...PRESERVE...DESTROY...
WHAT DO YOU DO?
All
employees (and contractors) are required by law to
make and preserve records containing adequate and
proper documentation of the organization, functions,
policies, decisions, procedures, and essential transactions
of the agency. In addition, the records must be properly
stored and preserved, available for retrieval, and
subject to appropriate approved disposition schedules.
(See: RECORDS
DISPOSITION HANDBOOK)
The
Federal Records Act applies to e-mail records just
as it does to records that are created using other
media. If you create or receive e-mails message during
the course of your daily work, you are responsible
for ensuring that you properly manage them.
The
Department's current e-mail policy requires that
all e-mails or attachments that meet the definition
of a Federal record be added to the organization's
files by printing them (including the essential transmission
data) and filing them with related paper records.
Remember-electronic mail is intended for official
and authorized purposes. E-mail messages are not
private and can be use in court as evidence.
WHAT
IS AN E-MAIL MESSAGE?
An
e-mail message consists of any document created,
transmitted, or received on an e-mail system, including
message text and any attachments, such as word-processed
documents, spreadsheets, and graphics that may be
transmitted with a message, or with an envelope containing
no message.
AN
E-MAIL MESSAGE IS A RECORD IF:
It
contains unique, valuable information developed
in preparing position papers, reports, studies,
etc.
It
reflects significant actions taken in the course
of conducting business
It
conveys unique, valuable information about government
programs, policies, decisions, or essential actions
It
conveys statements of policy or the rationale for
decisions or actions
It
documents oral exchanges (in person or by telephone),
during which policy is formulated or other government
activities are planned or transacted.
It
adds to the proper understanding of the formulation
or execution of government actions or of government
operations and responsibilities
It
documents important meetings
It
facilitates action by government officials and
their successors in office
It
makes possible a proper scrutiny by the Congress
or other duly authorized agencies of the Government
It
protects the financial, legal, and other rights
of the Government and of the persons directly affected
by the Government's actions
WHAT
ARE MY RESPONSIBILITIES?
You
are responsible for properly managing the creation,
retention, and disposition of records that you send
or receive on an e-mail system. You must:
1.
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As
soon as possible after you receive or send a
message-and any attachments-determine whether
it is a record or a non-record |
2.
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Print
a hard copy of the record, including attachments
and transmission information, and file it in
the official filing system
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3.
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Delete
the e-mail version of the record, including attachments
and transmission information, and file it in
the official filing system |
4.
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Delete
the e-mail version of the record unless you need
it for references purpose |
5.
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Delete
messages or attachments that are not records
as soon as they have served their purpose |
WHAT
ABOUT NON-RECORDS-WHAT DO I DO WITH THEM?
You
must promptly delete non-record messages. If non
record copies are useful for reference or convenience,
you should copy the information to the hard drive
of your computer or to a diskette.
E-mail
documents are non-records when they:
1.
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Are
copies of memoranda or text sent for information
rather than action |
2.
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Are
instruction memoranda or information bulletins
where the recipients is not the action office |
3.
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Are
messages that have only temporary value such
as a message that a meeting time has changed |
4.
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Provide
no evidence of agency functions and activities |
5.
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Lack
information of value |
6.
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Duplicate
information already documented in existing records |
IF
I FILE MY E-MAIL MESSAGE IN A FOLDER I'VE CREATED
IN MY E-MAIL SYSTEM DO I STILL HAVE TO PRINT IT
AND FILE IT IN THE OFFICES FILING SYSTEM?
Yes.
E-mail folders are part of the e-mail system and
cannot be part of an official filing system because
the e-mail system is protected by use of an individual
password accessible only to you. Remember, records
must be available for retrieval and access by those
who need them.
ANYTHING
ELSE I NEED TO KNOW?
Yes,
very frequently e-mail records are involved in a
discovery process during litigation and/or the subject
of congressional requests and Freedom of Information
Act (FOIA) requests. If you have e-mail records that
are involved in active cases as just described, those
records must be preserved. The medium (electronic
or paper copy) for preserving e-mail records depends
on various factors. In such instances, specific guidance
regarding the preservation of relevant records is
generally provided either by the Office of Congressional
Affairs, the FOIA Officer, or the Office of the Solicitor.
MANAGE
YOUR E-MAIL:
Determine
if the e-mail message/attachments meet the legal
definition of a record.
Print
a hard copy of the record, including attachments
and transmission information, and file it in the
official filing system
Delete
the e-mail version of the record unless you need
it for reference purposes
Delete
messages or attachments that are not records as
soon as they have served their purposes
If
you're unsure about the correct status of a message,
always treat it as a record first.
For
Records Management information: RECORDS
MANAGEMENT
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