45 C.F.R. § 84.85

Current through September 30, 2024
Section 84.85 - Exceptions

The requirements of § 84.84 do not apply to the following:

(a)Archived web content. Archived web content as defined in § 84.10 .
(b)Preexisting conventional electronic documents. Conventional electronic documents that are available as part of a recipient's web content or mobile apps before the date the recipient is required to comply with § 84.84, unless such documents are currently used to apply for, gain access to, or participate in the recipient's programs or activities.
(c)Content posted by a third party. Content posted by a third party, unless the third party is posting due to contractual, licensing, or other arrangements with the recipient.
(d)Individualized, password-protected documents or otherwise secured conventional electronic documents. Conventional electronic documents that are:
(1) About a specific individual, their property, or their account; and
(2) Password-protected or otherwise secured.
(e)Preexisting social media posts. A recipient's social media posts that were posted before the date the recipient is required to comply with § 84.84.

45 C.F.R. §84.85

89 FR 40193, 7/8/2024