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My understanding is that the term originated in the United States in relation to the interpretation of Federal Regulations for record-keeping, namely CFR Part 1222.34 (below):

1222.34 Identifying Federal records.

(a) General. To ensure that complete and accurate records are made and retained in the Federal Government, it is essential that agencies distinguish between records and nonrecord materials by the appropriate application of the definition of records (see 44 U.S.C. 3301 and 36 CFR 1220.14) to agency documentary materials. Applying the definition of records to most documentary materials created or received by agencies presents few problems when agencies have established and periodically updated recordkeeping requirements covering all media and all agency activities at all levels and locations.

(b) Record status. Documentary materials are records when they meet both of the following conditions:

(1) They are made or received by an agency of the United States Government under Federal law or in connection with the transaction of agency business; and

(2) They are preserved or are appropriate for preservation as evidence of agency organization and activities or because of the value of the information they contain.

(c) Working files and similar materials. Working files, such as preliminary drafts and rough notes, and other similar materials shall be maintained for purposes of adequate and proper documentation if:

(1) They were circulated or made available to employees, other than the creator, for official purposes such as approval, comment, action, recommendation, follow-up, or to communicate with agency staff about agency business; and

(2) They contain unique information, such as substantive annotations or comments included therein, that adds to a proper understanding of the agency's formulation and execution of basic policies, decisions, actions, or responsibilities.

(d) Record status of copies. The determination as to whether a particular document is a record does not depend upon whether it contains unique information. Multiple copies of the same document and documents containing duplicative information, including messages created or received on electronic mail systems, may each have record status depending on how they are used to transact agency business. See paragraph (f)(2), below, concerning the nonrecord status of extra copies.

(e) Electronic mail messages. Messages created or received on electronic mail systems may meet the definition of record in 44 USC 3301.

(f) Nonrecord materials. Nonrecord materials are Government-owned documentary materials that do not meet the conditions of record status (see §1222.34(b)) or that are specifically excluded from status as records by statute (see 44 U.S.C. 3301):

(1) Library and museum material (but only if such material is made or acquired and preserved solely for reference or exhibition purposes);

(2) Extra copies of documents (but only if the sole reason such copies are preserved is for convenience of reference); and

(3) Stocks of publications and of processed documents. (Each agency shall create and maintain serial or record sets of its publications and processed documents, as evidence of agency activities and for the information they contain, including annual reports, brochures, pamphlets, books, handbooks, posters and maps.)

(g) Agency responsibilities. Agencies shall take appropriate action to ensure that all staff are capable of identifying Federal records. For electronic mail systems, agencies shall ensure that all staff are informed of the potential record status of messages, transmittal and receipt data, directories, and distribution lists.

These regulations point out that federal employees create and receive both “records” and “non records”. It is the responsibility of the individual to identify and properly manage those materials that are “declared to be records” by virtue of the fact that they meet the requirements specified in CFR1222.34.

 

I do not know of the first instance of the phrase “declaring a record” but its use appears to be fairly common; a web search identifies numerous references, for example.

 

Regards,

Eldin.

 

 

 

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From: The UK Records Management mailing list [mailto:[log in to unmask]] On Behalf Of Liz Scott-Wilson
Sent: 07 July 2005 12:09
To: [log in to unmask]
Subject: Declaring a record - origin?

 

We are writing an information governance framework to sit alongside our new information policies. Does anyone know the genesis of the specific concept of “declaring a record”? Is there any legislative, regulatory or other source or mandate? In particular, the phrase itself and associated meaning, rather the concept of a document becoming a record.

 

Regards,

 

Liz

 

_________________________________

 

Liz Scott-Wilson

IM Project Manager

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020-8356-2776

077-4681-5317

 

 

For more on the Information Management Project, visit our web page at http://www.hackney.gov.uk/imp.htm

 

 



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