(a) Electronic records may be destroyed only in accordance
with the Local Government Code, §202.001.
(b) Each local government must ensure that:
(1) electronic records eligible for destruction are
disposed of in a manner that ensures protection of any confidential
information; and
(2) electronic storage media used for electronic records
containing confidential information is not reused if the previously
recorded information can be compromised in any way through reuse.
(c) For the court ordered expungement of information
recorded on Write-Once-Read-Many (WORM) electronic storage media,
all copies of the information must be destroyed wherever it exists,
including any record, index, or reference to the expunged information
on other electronic storage media. Methods for expunging information
from WORM electronic storage media include:
(1) overwriting the information to obliterate the original
data, leaving no evidence of the original information; or
(2) rewriting all the indices, pages, or documents,
other than the expunged information, onto new electronic storage media
and physically destroying the old electronic storage media.
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Source Note: The provisions of this §7.78 adopted to be effective March 12, 1993, 18 TexReg 1271; amended to be effective October 2, 1995, 20 TexReg 7484; amended to be effective August 31, 2021, 46 TexReg 5389 |