Nev. Admin. Code § 239.945

Current through June 11, 2024

Section 239.945 - Electronic records

1. The electronic recordkeeping system described in NRS NRS NRS 239.051 of a governmental entity must be designed and maintained so that the electronic recordkeeping system is able to:

(a) Manage each electronic record in the electronic recordkeeping system throughout the life cycle of the electronic record, from its creation or receipt until its ultimate disposition, including, without limitation:

(1) Allowing only authorized personnel to access and modify each electronic record;

(2) Creating an electronic index or other searchable database for electronic records;

(3) Preserving electronic records and preventing the unauthorized alteration, erasure or destruction of electronic records;

(4) Creating a backup electronic recordkeeping system that allows for the recovery of electronic records in the case of the failure of the electronic recordkeeping system;

(5) Correlating electronic records maintained in the electronic recordkeeping system with related records that are not maintained in the electronic recordkeeping system; and

(6) Allowing for the migration of electronic records;

(b) Distinguish between an electronic record and nonrecord materials;

(c) Match each electronic record to the appropriate schedule;

(d) Indicate:

(1) Whether the governmental entity is still amending the electronic record; and

(2) The last date on which the governmental entity amended the electronic record;

(e) Identify the date, if any, of the disposition of the electronic record;

(f) If an electronic record is destroyed, ensure that the electronic record is destroyed in accordance with the appropriate schedule and in a manner which ensures that the information contained in the electronic record cannot be retrieved or reconstructed; and

(g) Transfer each electronic record of historical value to the State Archives or an archival repository pursuant to NAC 239.940.

2. A governmental entity shall:

(a) Ensure that no electronic record, portion thereof, or any other information in the electronic recordkeeping system is lost or destroyed because of changing or deteriorating technology;

(b) Retain each electronic record in a usable format for the period required pursuant to the appropriate schedule;

(c) Ensure that the migration of an electronic record does not prevent the authorized disposition of the electronic record;

(d) Establish procedures to ensure the validity of the electronic records managed by the electronic recordkeeping system and the disposition of such electronic records. Such procedures must include, without limitation:

(1) The regular copying and reformatting of each electronic record in the electronic recordkeeping system and regular performance of any other actions necessary to ensure the retention, usability and completeness of each electronic record in the electronic recordkeeping system throughout the life cycle of each electronic record, from its creation or receipt until its final disposition; and

(2) Standardizing the methods for creating and retrieving similar types of electronic records; and

(e) Provide for the staff of the governmental entity an ongoing training program regarding the use of the electronic recordkeeping system, including, without limitation, training in:

(1) The operation, care and handling of the equipment, software and media used in the electronic recordkeeping system;

(2) Recognizing the distinction between an electronic record and nonrecord materials;

(3) Safeguarding confidential, restricted or otherwise sensitive electronic records; and

(4) Managing electronic mail.

3. As used in this section:

(a) "Convenience copy" means a duplicate record.

(b) "Electronic recordkeeping system" means a computerized information system with which electronic records are collected, organized and categorized to facilitate their preservation, retrieval, use and disposition.

(c) "Nonrecord materials" means published materials printed by a governmental printer, worksheets, unused blank forms except ballots, brochures, newsletters, magazines, catalogs, price lists, drafts, convenience copies, ad hoc reports, reference materials not relating to a specific project and any other documentation that does not serve as the record of an official action of a governmental entity.

Nev. Admin. Code § 239.945

Added to NAC by Library & Archives Admin'r by R118-12, eff. 10/24/2014

NRS 239.051, 239.125, 378.255