What are public records?
Every record that is made or received by a government entity or employee is presumed to be a public record.
M.G.L. Chapter 4, Section 7, Clause 26 provides the following definition: "Public records'' shall mean all books, papers, maps, photographs, recorded tapes, financial statements, statistical tabulations, or other documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any agency, executive office, department, board, commission, bureau, division or authority of the commonwealth, or of any political subdivision thereof, or of any authority established by the general court to serve a public purpose, or any person, corporation, association, partnership or other legal entity which receives or expends public funds for the payment or administration of pensions for any current or former employees of the commonwealth or any political subdivision as defined in section 1 of chapter 32.
Can I have access to all public records?
Some public records are exempt from public disclosure. For more information about exemptions to public disclosure, read A Guide to Massachusetts Public Records Law.
Are electronic records really records?
Yes. Effective January 2017, M.G.L. Chapter 66 Section 3 was updated to include electronic records:
Public records may be made by handwriting, or by typewriting, or in print, or by the photographic process, or by the microphotographic process, or by electronic means, or by any combination of the same.
How long should I keep electronic records?
The Statewide Agency Records Retention Schedule provides guidance for state agencies, while the Municipal Records Retention Schedule provides guidance for municipalities regarding how long they need to retain their records. Retention is determined by the CONTENT of the record, not they format the record is in, whether physical or electronic.
What about email?
Email record retention timelines depend on the CONTENT of the message. The Archives does not maintain a single overarching schedule for email records.
For example, some email may be Administrative Convenience Correspondence, which only needs to be retained as long as it is useful and doesn’t require permission for deletion. However, other emails may have longer retention periods and require permission for final deletion.
What about social media?
Every record that is made or received by a government entity or employee is presumed to be a public record—even social media.
Always think about the content, not how it is being presented. When determining how long social media content needs to be retained, think about how the information would have been distributed before social media.
Whether the information is only delivered via social media or reproduced elsewhere, you should have clear, transparent policies about how you are using it—especially when dealing with user-generated content.
If I digitize my records, can I get rid of the paper copies?
Records creators must maintain an accurate, reliable, trustworthy, and accessible record for the complete required retention period, regardless of format. If you choose to digitize a paper record, you must maintain the digital file—and provide appropriate access to it—until the retention period is met.
If there are no statutory requirements to retain the record in a physical eye-readable format, you can destroy the paper record without requesting permission from the Records Conservation Board or the Supervisor of Public Records. You will, however, need permission to destroy/delete the final copy of the record—in this example, the digitized file. Some paper records may have inherent evidentiary or historical value, justifying continued retention. The Digital Archives staff of the Massachusetts Archives can help with any issues or questions about digitization.
How can I ensure that my digital file is accurate, reliable, trustworthy, and accessible?
There are many factors that influence digital records, especially if they need to be retained long-term or permanently. Contact the Digital Archives staff for help with retention questions.
I’m putting my records into a database. Do I need to worry about records management?
Yes, you still need to consider records management for any information or documents managed in a database or electronic system.
Databases can complicate records management, and you are responsible for the content itself, not the format. Since it can be difficult to determine “what is the record” in a database system, the Digital Archives staff can assist you in working though these issues.