The Protection And Storage Of Public Records

Link to law: http://arcweb.sos.state.or.us/pages/rules/oars_100/oar_166/166_020.html
Published: 2015

The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

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SECRETARY OF STATE, ARCHIVES DIVISION




 

DIVISION 20
THE PROTECTION AND STORAGE OF PUBLIC RECORDS

166-020-0005
Purpose
This Division defines storage and conditions that are acceptable for the use, storage, and protection of public records in Oregon, ensuring that the informational content is protected for the entire length of the authorized retention period of the public record.
Stat. Auth.: ORS 357

Stats. Implemented: ORS 357.825(2), 357.855 & 357.895

Hist.: OSA 2, f. & ef. 11-21-75; OSA 5, f. 12-30-77, ef. 1-1-78; OSA 9-2009, f. & cert. ef. 10-15-09
166-020-0007
Definitions
In addition to the definitions contained in OAR 166-005-0010 and 166-017-0011, the following definitions apply to this division:
(1) "Essential electronic records system" means a records system which requires a computer to process and contains records that are essential to the continued functioning or reconstitution of an agency during and after an emergency, and those records that are essential to protect the rights and interests of that agency and of the individuals directly affected by its actions. Essential records are sometimes called vital records.
(2) "Essential records" means records that are essential to the continued functioning or reconstitution of an agency during and after an emergency, and those records that are essential to protect the rights and interests of the agency and of the individuals directly affected by its actions. Essential records are sometimes called vital records.
(3) "Records system" means an organized collection of data captured, processed, maintained, transmitted or disseminated in accordance with defined procedures (automated or manual).
Stat. Auth.: ORS 192 & 357

Stats. Implemented: ORS 192, 357.825(2), 357.855 & 357.895

Hist.: OSA 2-1996, f. 4-9-96, cert. ef. 4-15-96; OSA 9-2009, f. & cert. ef. 10-15-09
166-020-0010
Duties of Public Records Custodians
Public records custodians are charged with protecting and providing access to public records:
(1) The term "public records" as used in statutes and rules pertaining to disposition of public records means records which are the property of the public. Alienation of public records is prohibited by public policy and statute (ORS 192.001). Custodians of public records are specifically charged by statute with the responsibility of protecting them, and, except as expressly provided by statute, furnishing reasonable opportunities for inspection and examination of them by any person (ORS 192.430(1).
(2) State and local agencies are responsible for public records in their custody, wherever deposited, until the public records have been transferred to the custody of the State Archivist or otherwise disposed of as authorized by an approved records retention schedule produced by the State Archivist
(3) Pursuant to ORS 357.875, no state agency or local government shall enter into or renew an agreement with any records storage entity that restricts the access or inspection of Oregon public records by the State Archivist.
(4) When a state agency is abolished or ceases to operate, its public records shall be deposited in the official custody of the State Archivist, except as otherwise provided by ORS 357.835(2).
(5) Public records deposited in the State Records Center or Security Copy Depository remain in the official custody of the agency which deposited them.
Stat. Auth.: ORS 357

Stats. Implemented: ORS 357.825(2), 357.835, 357.855 & 357.895

Hist.: OSA 2, f. & ef. 11-21-75; OSA 5, f. 12-30-77, ef. 1-1-78; OSA 3-1988, f. & cert. ef. 10-20-88; OSA 9-2009, f. & cert. ef. 10-15-09
166-020-0015
Storage Area Standards
Safe storage of public records requires compliance with the following standards:
(1) Public records should be stored in secure, fire-resistant structures and in areas in which the temperature and humidity are maintained at the levels required to ensure optimum longevity of the paper, film or medium on which they are recorded. Adequate light and access should be provided to permit retrieval of public records. Adequate ventilation and protection against insect or mold invasion should be provided. Steam, water, and sewer pipes, other than fire-control sprinkler systems, pose extreme hazard to records. No public records of enduring value should be stored where heat, breaks, drips or condensation from pipes could damage them; where windows, doors, walls or roofs are likely to admit moisture; or where they will be exposed to sunlight or extreme temperature variations.
(2) Aisle space in public records storage areas should be kept free of obstruction and no public records should be stacked or piled directly on the floor of any storage area. All public records should be shelved above initial flood level of any bursting pipe, leaky roof, sprinkler system or other source of water.
(3) Additional storage area standards are specified in these rules for public records stored in electronic format (OAR 166, Division 17), and in microforms (OAR 166, Division 25).
Stat. Auth.: ORS 192 & 357

Stats. Implemented: ORS 357.825(2), 357.855 & 357.895

Hist.: OSA 2, f. & ef. 11-21-75; OSA 5, f. 12-30-77, ef. 1-1-78; OSA 3-1988, f. & cert. ef. 10-20-88; OSA 9-2009, f. & cert. ef. 10-15-09
166-020-0045
Essential Records Systems, Identification and Storage
(1) Agencies shall, with the advice and assistance of the State Archivist, identify their essential records, regardless of medium or physical format.
(2) Agencies shall store security copies of essential electronic records systems off the premises where the system is used, along with any system documentation necessary to enable recovery of the system in the event of an emergency.
(3) Agencies shall comply with the following storage requirements for security copies of essential electronic records systems:
(a) Off-site storage conditions shall have temperatures no less than 60 degrees or greater than 80 degrees Fahrenheit, and shall have a relative humidity no greater than 50 percent.
(b) Off-site storage shall be in secure facilities with fire suppression systems. Facilities must provide adequate ventilation and protection against insect and mold infestation. No essential records systems shall be stored where heat or moisture can damage them.
Stat. Auth.: ORS 192 & 357

Stats. Implemented: ORS 192, 357.855 & 357.895

Hist.: OSA 2-1996, f. 4-9-96, cert. ef. 4-15-96; OSA 9-2009, f. & cert. ef. 10-15-09

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