| (a) Each state agency must:
(1) Manage electronic state records according to the
state agency's records management program and certified records retention
schedule regardless of format, system, or storage location;
(2) Maintain state agency ownership and responsibility
for state records regardless of where the record originates or resides,
including but not limited to cloud computing services and social media
sites;
(3) Develop and maintain up-to-date documentation about
electronic records systems adequate to identify, retain, read, process,
or migrate the records and ensure the timely, authorized final disposition
of electronic state records;
(4) Ensure that electronic state records remain readily
retrievable and readable for as long as they are maintained by the
state agency by migration or by maintaining any software, hardware,
and documentation required to retrieve and read the electronic state
records;
(5) Maintain descriptive and technical metadata required
for electronic state records to be fully understandable by the appropriate
designated community, including metadata necessary to adequately support
the authenticity, integrity, reliability, and usability as well as
the preservation of a record;
(6) Preserve the authenticity, integrity, reliability,
and usability of the records;
(7) Ensure that electronic state records are readily
retrievable and readable independently of other records in the information
or storage system;
(8) Ensure that system backups that are required for
disaster recovery are not used to satisfy records retention requirements
unless indexed for ready retrievability and tested on a regular basis;
and
(9) Require all third-party custodians of records to
provide the state agency with descriptions of their business continuity
and/or disaster recovery plans as regards to the protection of the
state agency's vital state records.
(b) Any technological component for electronic state
records developed, used, or acquired by a state agency must meet the
following requirements:
(1) Support the state agency's ability to meet the
minimum requirements in subection (a) of this section to preserve
and make readily retrievable and readable any electronic state record
or to extract or migrate the record in as complete a form as possible
for its full retention period; and
(2) Provide security to ensure the authenticity of
the records in accordance with 1 TAC 202 regarding security programs.
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