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ELECTRONIC MAIL
- Added: February, 04th 2009
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Administration Northeast Region
ELECTRONIC MAIL
(Email)
Risky Business?
Federal Records
A Federal record is anything created or received by
agencies or contractors in the course of government
business. A Federal record can:
Be on any media: e.g. electronic, digital,
microfilm, microfiche, audio tape, video tape,
film, paper - you get the idea;
Be temporary (kept for a limited period of time –
a day, a week, months, or years - then
destroyed)
Or permanent (kept FOREVER)
44 USC 3301
Electronic Records
Computerized information or data that
meets the definition of a Federal
record.
What is email?
“A document created or received on an
electronic mail system including brief
notes, more formal or substantive
narrative documents, and any
attachments, such as word processing
and other electronic documents, which
may be transmitted with the message.”
(36 CFR 1234.2)
Email: Why are we talking about it?
Email often
replaces phone
conversations
and face to face
meetings.
Email: Why are we talking about it?
Email has replaced
written
memoranda,
letters and other
types of written
communications.
Email: Benefits & Drawbacks
Benefits
Drawbacks
• Saves money
• Informal, careless
• Saves time
• Stays around
• No need for human
• Proliferates
intervention
• No privacy
• Digital format for
• Potential for misuse
sharing &
• Virus carrier
manipulation
• Litigation target
Source: Ann Balough, Records & Info. Report
Recordkeeping Responsibilities of
Federal Employees
Agencies must have “adequate and proper
documentation” of their activities. Good
recordkeeping ensures that agencies:
• Protect the legal and financial rights of
citizens and the Government;
• Preserve institutional memory;
• Be accountable to the Congress and
public
Armstrong v. Executive Office of the
President - 1993
The U.S. Court of Appeals ruled that:
• Electronic versions of documents are
Federal records
• Email is different than paper copy because it
contains routing and time stamp information
(known as transmission data)
• Email must be managed as Federal record
Transmission Data
• Proves who
saw a message
and when they
saw it
• Provides an
audit trail
• Lists all
recipients
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