| (a) Each local government must:
(1) manage electronic records according to the local
government's records management program and records retention schedule
regardless of format, system, or storage location;
(2) maintain ownership and responsibility for electronic
records regardless of where the record originates or resides, including,
but not limited to, external electronic records systems, third-party
custodians, and social media platforms;
(3) develop and maintain up-to-date documentation about
electronic records systems and storage media adequate to identify,
retain, read, process, or migrate electronic records and ensure the
timely, authorized final disposition of electronic records;
(4) ensure that electronic records remain readily retrievable
and readable for as long as they are maintained by the local government
through migration or by maintaining any software, hardware, and documentation
required to retrieve and read the electronic records;
(5) maintain descriptive and technical metadata required
for electronic records to maintain and retain reliability, including
metadata necessary to adequately support the usability, authenticity,
or integrity as well as the preservation of a record;
(6) preserve the authenticity, integrity, reliability,
and usability of the records;
(7) ensure that electronic records are readily retrievable
and readable independently of other records in the database management
system, electronic records system, or electronic storage media;
(8) ensure that system backups that are required for
disaster recovery are not used to satisfy records retention requirements
unless indexed to ensure usability and are tested on a regular basis;
and
(9) require all third-party custodians of records to
provide the local government with descriptions of their business continuity
and/or disaster recovery plans pertaining to the protection of the
local government's essential records.
(b) Any technology for electronic records developed,
used, or acquired by a local government must support the local government's
ability to meet the minimum requirements in subsection (a) of this
section to preserve and make readily retrievable and readable any
electronic record or to extract or migrate the record in as complete
a form as possible for its full retention period.
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