Title 4 . Education and Early Development

Chapter 59 . (Repealed)

Section 5. Retention and preservation of electronic records

4 AAC 59.005. Retention and preservation of electronic records

(a) This section establishes the minimum requirements for the creation, use, maintenance, retention, preservation, and disposition of state records in an electronic format.

(b) A state agency shall

(1) establish internal procedures to comply with archives and records management requirements, including recordkeeping requirements and disposition, before the state agency approves new electronic records systems or enhancements to its existing state systems;

(2) integrate the management of electronic records with other records and information resources management programs of that agency;

(3) identify any electronic records being created, used, received, or maintained in its office, to ensure that these records appear on that agency's records retention schedule;

(4) develop and maintain documentation about electronic records systems used by the agency that specify technical characteristics necessary for reading or processing the records; and

(5) retain its electronic records until a disposition period has been approved by the state archivist, the attorney general, the commissioner of administration, and the state agency head.

(c) The state archivist, in cooperation with the Department of Administration, will conduct a technology assessment every three years, beginning one year after October 2, 1994. This assessment must examine storage technology, hardware and software, systems applications, retrieval, and other aspects of technology that are related to electronic recordkeeping and archival practice.

(d) Except as provided in (f) of this section, the state archivist will not accept in the state archives permanent records stored on optical disks. A permanent record copied onto an optical disk may not be destroyed without the state archivist's approval. An agency using optical media storage for records with retention periods of more than 10 years shall recopy optical media at least every 10 years.

(e) State records determined by the state archivist as temporary may be stored on any medium, including optical disk, that ensures the maintenance of the information until its disposal is authorized under (b) of this section.

(f) Analog videodiscs that typically contain photographs are one type of optical disk that may be accepted by the state archivist into the state archives, if they do not require any interactive software on nonstandardized equipment. Original photographs determined by the state archivist as permanent and copied onto a videodisc must be scheduled for transfer to the state archives along with a copy of the videodisc. Compact disks used for digital audio playback also may be accepted by the state archivist into the state archives, if they use a standard player and require no special software.

(g) Permanent records must be transferred by the state agency to the state archives when they become inactive or whenever the agency cannot provide proper care and handling. Electronic records must be transferred by the state agency to the state archives on paper, microforms, or magnetic tape. The transferred tapes on which the data are recorded must be new tapes. Documentation adequate for servicing and interpreting the permanent records in a machine-readable format must be transferred with the electronic records.

History: Eff. 10/2/94, Register 131

Authority: AS 40.21.030

AS 40.21.050

AS 40.21.060

Editor's note: As of Register 176 (January 2006), and acting under AS 44.62.125 (b)(6), the regulations attorney made technical changes to 4 AAC 59.005(c) , to reflect Executive Order 113 (2005). Executive Order 113 eliminated the Telecommunications Information Council and transferred its functions related to public information and records to the governor and to the Department of Administration.