Regulatory and Legal Issues
State and federal laws and regulations, and court decisions, have a significant impact on how governments must manage their paper and electronic records. This subject area includes material on relevant regulatory and legal issues including: copyright, public access laws (e.g., FOIA, Sunshine Laws, Right-to-Know laws, etc.), discovery, HIPPA, Sarbanes-Oxley, electronic signatures, privacy, redaction, authenticity, replevin, etc.
This subject area does not include documents relative to state or federal laws on retention. See the subject area titled Retention for those resources.
This section lists each of the Regulatory and Legal Issues documents:
| Document Title | Document Description | Document Size (measured in KBs) |
|---|---|---|
| Records Recovery (Replevin) Legal Issues (AZ) | This is a one-page summary of Arizona statutes which prohibit private possession of public records. | 13 KB |
| Governments Could Do More to Reduce Display in Public Records and on Identity Cards | GAO-05-59 report recommends that the Office of management and Budget identify those federal activities that require or engage in the display of SSNs on cards issued to federal government personnel or program beneficiaries, and devise a governmentwide policy to ensure a consistent approach to this type of display. November 2004 (65 pages). | 740 KB |
| Legal Admissibility of Public Records – AL | Informational leaflet on subject title. Includes discussion of documenting the record-keeping process and Alabama’s rules of evidence. 4 pages. 2004. Alabama Department of History and Archives. | 214 KB |
| The Legal Framework of Records and Information Management in Indiana State Government | This guide is designed to explain to state employees what factors may affect the creation, retrieval, storage and destruction of the records in their care. It includes topics on public access, confidentiality, privacy and legal admissibility. 20 pages. Indiana Commission on Public Records. | 144 KB |
| Model Agreement for Alternative Institutional Placement for Nonconfidential Local Government Records | Model Agreement for Alternative Institutional Placement for Nonconfidential Local Government Records. 1 page. 1999. Maine State Archives. | 46 KB |
| Providing Access to Government Records – AL | Procedural leaflet on subject title. An overview of Alabama Access Laws. Includes a sample access policy. 8 pages. 2002. Alabama Department of History and Archives. | 141 KB |
| Public Officials: Your Records Responsibilities and the Law – AL | Informational leaflet on subject title. 4 pages. 2004. Alabama Department of History and Archives. | 226 KB |
| Records Management and the Agency Lawyer – GA | Considerations for agency attorneys. Explains why records management is important and reviews the consequences of ignoring records management. 2 pages. 2008. Georgia Archives. | 123 KB |
| RM Guidance for Implementing Electronic Signature Technologies - NJ | NJ law authorizes state and local governments to use electronic forms, electronic filing, and electronic signatures to conduct official business with the public. In doing this, agencies will create records with business, legal, and in some cases, historical value. This bulletin transmits Records Management Guidance for Agencies Implementing Electronic Signature Technologies. 23 pages. NJ Bureau of Record Management. | 247 KB |
| Redaction Guidelines - PA | Defines “redaction” and offers recommendations for the redaction process. 2 pages. Pennsylvania Historical and Museum Commission. | 66 KB |
| Social Security Numbers: Federal and State Laws Restrict Use of SSNs, yet Gaps Remain | Testionmy before the Committee on Consumer Affairs and Protection and Committee on Governmental Operations, New York State Assembly. This testimony describes the public use of SSNs, the use of SSNs by certain private sector entities, and certain federal and state laws regulating the use of SSNs and identity theft. GAO-05-1016T, September 2005. 36 pages. | 322 KB |
| What is a record of the Commonwealth of Massachusetts? | Defines what is a record of the Commonwealth of Massachusetts and oversight authority. 5 pages. 2002. Massachusetts Archives. | 118 KB |
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