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<br />Confidentiality Requirement <br /> <br />Many records subject to record retention requirements contain non-public confidential data under the <br />Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, or are otherwise protected by <br />federal, state and local statutes, including the Family Educational Rights and Privacy Act (FERPA), the <br />GrammLeach-Bliley (GLB) Act, and the Health Insurance Portability and Accountability Act (HIPAA). In <br />addition to statutory requirements, any record that contains nonpublic, private and/or confidential data should be <br />treated in accordance with the City’s privacy and security policies (see Data Practices Policy). <br /> <br />Electronically Stored Information <br /> <br />Recent years have witnessed a tremendous growth in the use of electronically stored information (“ESI”) by the <br />City. The ease with which ESI may be created, the number of places where ESI may be stored, and new rules <br />regarding the use of ESI in litigation, all require that the City manage its ESI effectively, efficiently and <br />consistent with it legal obligations. Accordingly, all departments must include ESI in the development of their <br />records management plans. It is the policy of the City that photographic or other reproductions of original <br />documents for storage in electronic format shall be deemed to have the same legal effect as the original <br />document reproduced, such that the original document, once reproduced, need not be retained in paper form. <br />Departments shall make photographic or other reproductions of all new records created and shall store such <br />records in electronic format pursuant to this policy. Further, departments, in conjunction with the City Clerk’s <br />office, shall develop and follow an orderly process for the photographic or other reproduction of existing <br />original records for storage in electronic format, and for the disposal and/or destruction of all reproduced <br />original records pursuant to this policy. <br /> <br />Preservation of Records Relevant to Legal Matters <br /> <br />Any record that is relevant to any pending or anticipated litigation, claim, audit, agency charge, investigation or <br />enforcement action shall be retained at least until final resolution of the matter. In these circumstances, the <br />Office of the City Attorney will notify relevant departments and work with staff to identify and preserve any <br />records (including electronic records) and other information that could be relevant to the matter. This will <br />include a directive that the relevant unit’s normal document destruction policies or protocols temporarily be <br />suspended. Employees who become aware that an investigation or legal proceeding has commenced or is <br />anticipated against their department or unit promptly must notify the Office of the City Attorney so that all <br />records with potential relevance to the investigation or legal proceeding can be preserved as necessary. <br /> <br />Disposal and Destruction of Records <br /> <br />If you have determined that, consistent with the City’s Records Management Policy, and with the records <br />management practices and procedures applicable to your department, it is appropriate to dispose of any records, <br />they can be destroyed in one of the following ways: <br /> <br />1. Recycle non-confidential paper records; <br />2. Shred or otherwise render unreadable confidential paper records; or <br />3. Erase or destroy electronically stored data. <br /> <br />If you have questions about your responsibilities, please contact the department manager or department <br />designee.