Transcript Records and the Law

Managing Records:
Good government,
Better business.
FOI Presentations to Boards & Committees
Cayman Islands National Archive
November 2008
Outline
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National Archive & Public Records Law
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Records management and FOI
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Tools for managing records
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Key staff
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Assistance from CINA
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Priorities to prepare for FOI
National Archive and
Public Records Law, 2007
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Framework for legally compliant creation,
maintenance and disposal of records
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Duties and powers of National Archive:
– Set standards, train, advise, monitor
– Authorise disposal
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Duties and powers of all public agencies
– Develop tools for records management
– Create, maintain and dispose of records in
compliance with CINA standards
Provisions of the NAPR Law
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An agency’s most senior officer is responsible for
the making and keeping of proper records of
business affairs (s.6)
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Records must be made and kept in accordance
with standards established by the National
Archive (s.7)
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Records must be kept accessible – file plan,
proper storage (s.12)
Provisions of the NAPR Law
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Agencies must develop a disposal schedule if
they want to dispose of records (s.8)
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It is an offence to destroy records without
permission of the National Archivist (s.11)
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Covers records in all media – including email and
other electronic records (s.2 Interpretation)
Benefits of records
management
Accountability
 Meet legal requirements
 Save time and money
 Improve services to clients
 Better decision-making
 Reduce risks to the organisation
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Connections with FOI?
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Make and keep records –
records that don’t exist, can’t be accessed
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Manage and maintain records –
records that are lost or damaged,
can’t be accessed
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Systematically dispose of records –
prove that records have not been
destroyed maliciously or unsafely
+ RM => FOI
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RM reduces costs and increases efficiency of FOI
implementation and ongoing administration
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Publication Scheme includes the agency file plan
– more specific FOI inquiries save search time
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FOI Code of Practice requires compliance with
records management rules
Tools for managing records
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Policy and procedures
File plan (Records survey)
Records control tool (eg RMS)
Disposal schedule
Publication scheme
Key staff
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Senior managers – set policy; lead by example
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All staff – make and keep good records in
accordance with rules
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Information manager – conduct records
surveys; develop tools; assess security
requirements; examine records for access
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Records officer – create files using the file
plan; update RMS; schedule records for
disposal; assist other staff
Support from CINA
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Training
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RMS (Records Management System)
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Administrative file plans (Finance, HR, etc.)
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CINA Intranet & RM Bulletin
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Ongoing advice and assistance
Priorities
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Assign responsibilities and allocate resources
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Inform all members of rules and duties
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Talk to Portfolio / Ministry / parent department
(where applicable) about RM procedures
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Ensure you are creating and capturing records of
discussions, decisions, actions, advice
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Identify “hot topics” and likely FOI exemptions
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Proactively publish as much as possible
More information?
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National Archive’s intranet site:
http:\\cina.gov.ky\recordsmanagement.htm
http:\\cina.gov.ky\trainingsessions.htm
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Records Policy Unit:
[email protected]
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Telephone:
949-9809 x 117