100 R.I. Code R. 100-RICR-50-00-1.7

Current through December 3, 2024

Section 100-RICR-50-00-1.7 - Storing Records

1.7.1Active Physical Records

A. Records designated essential by the Agency for the transaction of agency business will be stored on-site in compliance with secure storage standards. These records shall:

1. Be kept at minimum four inches (4") off the floor and away from sources of water in fireproof rooms, vaults, or safes rated to preserve the contents for a minimum of four (4) hours at two thousand degrees Fahrenheit (2,000° F);

2. Be made available and accessible within ten (10) business days of a written Access to Public Records request to the Agency made pursuant R.I. Gen. Laws § 38-2-3(e); and

3. Be maintained in accordance with the public records policy established by the State Agency Records Officer, or Local Government Representative.

1.7.2Electronic Records

A. Electronic Records shall be securely maintained subject to applicable retention periods, per Part 2 of this Subchapter. Such records shall:

1. Be maintained in reasonable accessible format for the entire life of the record per R.I. Gen. Laws § 42-127.1-12; and

2. Be considered for conversion to updated electronic and file formats no less frequently than once every three (3) years, or as otherwise reflected in current best practices for the reasonable avoidance of media deterioration and/or obsolescence.

B. Records which the Agency seeks to preserve digitally shall adhere in each instance to the standards set forth in § 1.3 of this Part and Part 2 of this Subchapter, in addition to the foregoing:

1. Digitizing of public records from paper to digital format using archival standards shall be deemed the digital preservation of non-permanent records. The State Agency Records Officer or Local Government Representative:

a. Shall submit to the PRA or LGRP the Notice of Intent to Digitize form prior to executing a digitizing project;

b. May be required by the PRA or LGRP to submit a Digital Preservation Plan form prior to executing a digitizing project; and

c. Shall submit to the PRA or LGRP the Certification of Records Destruction prior to the destruction of digitized physical records (§§ 1.8.1 or 1.8.2 of this Part).

2. Except as otherwise determined hereafter by the PRA or LGRP, microfilm of physical public records with a permanent retention requirement shall serve as the sole permitted, legal replacement for said public records.

a. Records with a permanent or long-term retention requirement are eligible for microfilming pursuant to R.I. Gen. Laws § 38-3-5.1.

b. Microfilming must be completed in adherence to the ANSI/AIIM MS19-1993 standards and recommendations incorporated above at § 1.3 of this Part.

1.7.3Inactive Physical State Agency Records

A. Where records are designated as non-essential for the transaction of State agency business and the State agency determines such records are not required to be stored on-site at the State agency's primary offices or place of business, such records shall be stored off-site exclusively with the State Records Center.

1. Records shall be stored in the State Records Center until such time for disposal or disposition as is provided in the applicable Records Control Schedule.

2. The State agency shall retain title and ownership of any record of the State agency stored in the State Records Center.

3. Records stored in the State Records Center shall be made accessible to the State agency in response to requests for access to public records made to the State agency.

4. Records shall be sent into the State Records Center following the transmittal process as required by the PRA.

a. All records shall be identified and described prior to storage in the required fields within the transmittal forms, including, but not limited to, the associated record series and destruction eligibility dates if not deemed of permanent value.

b. Up-to-date descriptions shall be submitted with data update transmittal forms for records already stored at the State Records Center for records that are under-described due to previous offsite storage vendor data limitations, as requested by the PRA.

100 R.I. Code R. 100-RICR-50-00-1.7

Adopted effective 5/14/2024