Study of Records Lifecycle Foreword1 Legal (comment on Records Retention) - held within Site Content

Study of Records Lifecycle Foreword 1 Legal

Higher Education Institutions: Function Activity Model (FAM) &  Record Retention Schedule (RRS)

JISC Legal comment on: Records retention

The appropriate retention of information is a vital consideration for any college or university wishing to ensure its legal compliance.

Legislation states that various specific records must be retained for specific periods of time. Failure by an educational establishment to comply may result in legal penalties for breach of the relevant regulation. In addition, the law also places time limits for the commencement of legal proceedings. An institution would therefore be well advised for its own protection to retain relevant records for these periods. 

On the other hand, it is not expected from a legal perspective that all records should be retained indefinitely and there will be many instances where an institution must consider whether the retention of information is necessary or desirable. For example, under data protection legislation, personal data should not be held for longer than is necessary to fulfil the purpose for which it was obtained.

Educational establishments must therefore assess carefully the risks associated with retaining such information as well as the risks that may arise if it is destroyed.

Compliance with the Freedom of Information Act 2000 likewise requires the effective management of record retention by all public authorities. The controlled destruction of records according to a defined business process, as part of an agreed retention strategy, will ensure that only accurate, relevant and required information is retained. This will facilitate the retrieval and provision of requested information within the prescribed time limits.

A carefully considered and regularly reviewed records retention policy is an essential part of an institutions records management system and this Function and Activity Model represents the first step towards achieving just such a policy.

 

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