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
"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
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
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
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
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:
- Human Subjects rules
- 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.