Archives NZ Recordkeeping Forum - Email Records Management 1 Managing email as a record.

Archives NZ Recordkeeping Forum - Email Records Management

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Managing email as a record


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Definition of a record - PRA

‘A record or class of records, in any form, in whole or in part, created or received (whether before or after the commencement of this Act) by a public office in the conduct of its affairs’

‘A record or a class of records, in any form, in whole or in part, created or received (whether before or after the commencement of this Act) by a local authority in the conduct of its affairs’


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Definition of a record – PRA (2)

‘…information, whether in its original form or otherwise, including (without limitation) a document, a signature, a seal, text, images, sound, speech, or data compiled, recorded, or stored, as the case may be,—(a) in written form on any material; or(b) on film, negative, tape, or other medium so as

to becapable of being reproduced; or(c) by means of any recording device or process,

computer, or other electronic device or process’


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Email is a record

"All email messages created using Australian government systems are Commonwealth records and must be managed in accordance with the Archives Act 1982” NAA

In United States context - records are only a record when they are declared - but this mindset is changing

In Australasian context - "guilty of being a record until proven innocent" approach


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Subtle distinctions

What makes one particular email a record, versus what makes emails as such a record

Defining information as a record doesn't confer permanent retention status


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Types of email

GDA 3 – Emails that can be routinely disposed of: personal correspondence circulated information received for

information only trivial work related material (such as reminder

notes and room bookings) copies of records already in the record

keeping system, and copies of documents kept for reference

purposes only


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Types of email (NAA)

Records required for ongoing business:Transactions that provide evidence of your business activities, e.g. directives, development of policy issues

Records of ephemeral value:Information messages with a business context but not part of a a business transaction, e.g. notification of a meeting or a general notice to staff, and persona or social messages


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Types of email (PROV)

Personal email – email which is of a personal nature and which has no relevance to the business of the agency

Ephemeral email – email which is used to facilitate agency business but which does not need to be retained for business purposes

Corporate email – email which relates to the business of the agency and which must be retained as a record


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Examples of records that happen to be emails

Contract variation agreement Decision to buy software Clarification Summary of a work phone conversation Advice on legislation, policy... Ministers of the Crown asking for policy

advice…


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So which type is your email?

Context may only become apparent over time Your first decision may be the wrong decision You might want to hang about a bit…


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Issues with maintaining email as a record over time


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Where is that email?

Personal email folders Shared email folders EDRMS Vault ISP provider(s)

Yours Theirs

Passing through routers, generating logs


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Who is managing the email as a record in your organisation?

The owner(s)/recipient(s) The Vault Manager The Records Manager None of the above ……


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What is the storage format of the email?

Native format PST files other? non-proprietary?


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What stops people saving emails into another system?

Decision about whether this email has value

Save what? email + attachments as one item

- if you want to preserve the full context save only the attachment if want to edit the

document do both if you want to both preserve and edit

Timing - when is the best time to save "it" - especially with threads

Changes of subject in the middle of a thread Several different subjects in the same email


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What stops people saving emails (2)

Time taken save emails Vs time (probably someone else’s) to retrieve and sift

through all of them later

Format change so can't re-use it Not knowing if you are the person who should

be saving it Wondering if it is already in there Print and file? Yeah, right…


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One problem…

People treat email (and instant messaging) as if it is a conversational tool

They overlook that they have put something in writing and sent it to someone else, who may… Forward it Save it Print it


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All email is discoverable

What level of understanding do you/your users have to have?

Internal to your organisation, the technology can find it On back up tapes On the server hard drives On your hard drive - depending on your set up On your PST files if you have been creating them In the email boxes of the people you sent it to…..


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AND/OR it has escaped into the universe

Your ISP's server/your organisation's server The recipients ISP servers/organisations servers Routers Server logs, router logs US intelligence agencies are fighting in the

American courts to force ISPs to keep records of emails (but not YET the content)


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Legislative and litigation environment

United States Companies in the United States are subject to

punitive penalties in the region of millions of dollars where the courts suspect them of spoliation, e.g. destruction of all emails >60 days old

Australia Victoria Australia Crimes (Document Destruction) Act

2006 which covers both “willful and negligent” destruction

New Zealand Commerce Commission vs.. Telecom NZ Ltd - costs

of discovery are significant and can be shared, US approach is precedent setting


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US litigants are interested in "everything"

Sixth Circuit to Review Order Striking Warrantless Examination of E-Mail MessagesThe Sixth Circuit will soon hear oral arguments on the constitutionality of a federal law that allows the government to access and review stored e-mail messages without a warrant or notice to the account holder. Warshak v. United States, No. 06-4092 (6th Cir, 2006).

NCCUSL Promulgates Uniform E-Discovery Rules for State Courts (The National Conference of Commissioners of Uniform State Laws) Source: Pike and Fischer Digital Discovery and e-Evidence:

"News and Analysis" newsletter December 13, 2006


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How email ‘archiving’ systems fit into your organisation-wide records management programme

OR


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The Vaults


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Vaults - a "simple" solution

Let's keep the lot! Every email in/out of mail server

What problem(s) are you trying to solve? Not a RK solution, a risk management solution A solution for the organisation,

not for users, not for record keepers

Can users search for theirs? For other people's? Eliminates “PEBKAC” from decision to retain Definitive proof that you did/didn’t send/receive

something


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In solving the first problem, it creates another HUGE problem

The RETRIEVAL problem You find too much and it takes too long - and lawyers

are very expensive If you've got n lawyers

excavating a midden…


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Midden: a deposit of occupational debris, garbage, or other by-products of human activity


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Recordkeeping issues

Usability Accessibility Authenticity

Detect duplicates Prevent tampering Detect real sender identity vs. spoof Preserve metadata: Dates, recipients, read status etc

Completeness Comprehensiveness Retention…


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What's wrong with keeping all the emails forever?

Privacy legislation Personal emails caught up Emails separated from rest of the

organisation's records, so the other records are destroyed but the emails are kept…

Burden of retention Burden of retrievability The bigger the basement.....


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What's wrong with keeping all the emails forever? (2)

The disposal problem No, you can't delete them all after 60 days - spoliation

It's back and it's worse because it's all just email separated from other business

records

Needs a better model


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Applying a recordkeeping framework to email

Get there one “step” at a time


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Best approach to records management

Be explicit about What is created/received How it should be managed

Be deliberate in what you do

Best approachHave clear policiesFollow them

Worst approachHave clear policiesBut don’t follow them


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Key elements

"Create and maintain" mantra Have explicit policies and procedures

Yes, something else for staff to pay attention to…

What problems is your email policy intended to solve?

Develop rules for saving threads and emails with/without attachments

The role of good practice/etiquette


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Classifying email

What is the most important thing in recordkeeping? Context, context, context

"Best efforts approach“


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If you have an EDRMS….

And you have the time, and you have the inclination then there's no problem

EDRMS are recordkeeping systems Save an email into the correct folder with all the

other electronic stuff in there - documents, photos, voice recordings, text messages etc

You can still reply to/forward the email etc The folder probably sets the retention For emails you probably can't use document type to

set retention For attachments, you might be able to use document

type for retention, e.g. Contract


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If you have only a directory structure, you probably won't save the email into it


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How can you classify email in personal email folders?

Set up a standard folder pattern to match other classification structures…….

Run email rules to auto move into standard folders If from x organisation, put into x folder "drag and drop" Put Job/project numbers into subject, use rules to move

emails containing job number into preset folder External system could harvest/copy

from those standard folders Ideally it would mark them as copied

User can tag all emails in a folder and manually put them into the EDRMS/directory in a batch


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Applying retention and disposal rules to email stored in email systems


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Musts

Be able to link to a disposal authority Show that normal business processes were

applied Be able to show how destruction is done

Do you keep a record of the destruction? And where do you keep that?

Have a documented backup regime, with implications for disposal spelled out clearly

Must be rules based, ‘if, then…’


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Transfer emails of archival value

Out of the email system? No safe place for a record..... E-transfer equivalent to "print and file" Have you destroyed/retained the context? Copy, not move? All relevant emails moved

to another context-holding repository, e.g. EDRMS or a data warehouse

Permanent storage Retrievable, non-proprietary format VERS compliant/metadata?


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Summary/key themes

Email is a transmission tool, not a document type Usual RK rules & tools apply Not all emails are worth keeping, some must be

destroyed Assume your email is both public & distributed, and

make sure everyone is aware of this Have explicit policies and procedures Context is the key to applying rules Email vaults are not archiving/recordkeeping

systems Email systems are not recordkeeping systems


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Summary/key themes (2)

Recordkeeping systems preserve the structure, context and content Context-rich Standard formats, retrievable/usable Tamper-proof Retention is rules-based Destruction is itself a record and is rules-based

Hope (and pray) for improved auto-classification - in the public arena


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Thank you…

Susan SkudderDirectorSWIM [email protected]

Archives NZ Recordkeeping Forum - Email Records Management 1 Managing email as a record.

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Transcript of Archives NZ Recordkeeping Forum - Email Records Management 1 Managing email as a record.