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RULE §6.95Final Disposition of Electronic State Records

(a) Any electronic state record may be destroyed only in accordance with a records retention schedule approved in accordance with the Government Code §441.185 or, in lieu of an approved records retention schedule, an approved records disposition authorization request.

(b) An electronic state record that is an archival record must be maintained by the agency through hardware and software migrations and upgrades as authentic evidence of the state's business in accessible and searchable form, except as otherwise determined by the state archivist.

(c) A state agency must ensure that:

  (1) an electronic state record scheduled for destruction is disposed of in a manner that ensures protection of any confidential information; and

  (2) magnetic storage media previously used for an electronic state record containing confidential information is not reused if the previously recorded information can be recoverable through reuse in any way, when the media passes out of custody of the agency.

(d) A state agency must establish and implement procedures that address the disposition of an electronic mail record by staff in accordance with its approved records retention schedule and, specifically, must establish guidelines to enable staff to determine if an electronic mail record falls under transitory information (records series item number 1.1.057) on the agency's approved records retention schedule in order to encourage its prompt disposal after the purpose of the record has been fulfilled.

(e) The following requirements apply when a state agency receives a court order for expunging of information recorded on an optical Write-Once-Read-Many (WORM) disk.

  (1) Two methods are allowed for expunging information from a WORM disk:

    (A) all of the indices, pages, or documents on a disk, other than the expunged document(s), must be rewritten to a new disk and the old disk must be physically destroyed, or;

    (B) the information may be overwritten to obliterate the original image, leaving no evidence of the original information.

  (2) In cases where a complete page or record is expunged, all reference to the page or record must be removed from the index. If the index has been copied, the index must be recopied after the reference to the page or record has been removed.

  (3) Copies of the original WORM disk and copies of the information removed by expungement must be destroyed or changed to reflect the court order. All copies of the record, index, or reference to the original unrevised information on WORM disk copies or copies in any other media must be destroyed.

Source Note: The provisions of this §6.95 adopted to be effective December 6, 2000, 25 TexReg 11935

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