My understanding is that the term
originated in the
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
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
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