Frequently Asked Questions

What is a Record?
A record is recorded information, in any form, including data in computer systems, created or received and maintained by an organization or person [at or near the time of] the transaction of business or the conduct of affairs and kept as evidence of such activity. A record can exist in a number of formats, including various sizes of paper (original or photocopy), microfilm or any microform, electronic media, optical disk media, CD, mylar, sepia, blueline, photograph, audio and video tape, punched cards, books, and maps.

What is a Public Record?
A " Public record" includes, but is not limited to, any writing containing information relating to the conduct and administration of the public's business prepared, owned, used or retained by any state or local agency regardless of physical form or characteristics. (Idaho Code, 9-337.12)

a. Writing, as a public record.
"Writing" includes, but is not limited to, handwriting, typewriting, printing, photostatting, photographing and every means of recording, including letters, words, pictures, sounds, or symbols or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, magnetic or punched cards, discs, drums or other documents. (Idaho Code, 9-337.14)

Are the files on my computer records?
This is a broad, but common question. Computer-based records, or electronic records, are the fastest growing type of record today. To answer this question reliably requires knowledge of the content and purpose of a given file. Knowing what the file contains, or what it is about, determines its classification as a record, not whether or not it is on a hard drive, a server, a CD-ROM, or other storage device.

What is the difference between a historic record, an archival record, and a permanent record?
These are closely related concepts. Historic records are those that institutions have determined have significance due to their ability to document the history of the organization. An archival record is material determined to have permanent value, due to standards of practice (transcripts) or significance (building floor plans), or legal requirements (lawsuits). A permanent record is one with a life span in excess of 50 or more years, due to the preservation and management requirements associated with maintaining them. In some states, records with a retention over 25 years are considered permanent, although they have an eventual destruction.

When is a document or a file a non-record?
Duplicate copies of final reports, printouts or copies of permanent files made for reference, distribution copies of a publication, a routing copy of a memo or letter. Material acquired solely for the purpose of reference, that is copies of other institutions' course catalog, programs from meetings, etc.

What rules and regulations govern higher education in Idaho?
The Idaho Public Records Law. The primary legislation, or rule of law, applicable to state agency records in Idaho is the Public Records Law, or Title 9, Evidence, Chapter 3, Public Writing, commonly noted as 9-337 through 9-347. These codes include language detailing public records definitions, rights of the public to examine public records, some exemptions (which do not relate to typical higher education conditions), and the directive requiring agencies to have guidelines on how to manage their records.

Other Laws. While the Public Records Law is quite broad, some records-related areas have been further specified in additional Idaho Code.

• Records Management Manual. State Government and State Affairs/Department of Administration 67-5752.
   

• Photographic or Digital Retention of Records. Evidence, Public Writing, 9-328.
   

• Preservation of Records - Written Contracts -Void Contracts. State Government and State Affairs/Department of Administration 67-5725.
   

• Retention of Electronic Records - Originals. Commercial Transactions/Uniform Electronics Transactions Act 28-50-112.

Federal Regulations

• U.S. Department of Education. FERPA - Family Educational Rights and Privacy Act. Sometimes called the Buckley Amendment. This suite of regulations details aspects of proper dealings of state and federal agencies with respect to students, their educational information, and the rights and restrictions placed on agency staff, family members and the public where access to information is concerned.
   

• Medical information about clients and patients treated by LCSC's departments potentially fall under the requirements of:
  • HIPAA
  • Human Subjects rules
  • FERPA
     
• Grants and contracts usually specify records requirements in the body of the associated agreements.

   

• U.S. Wage and Hour/Internal Revenue Service/Americans with Disabilities Act. A wide variety of federal agencies and programs have regulations that apply to higher education.