Current through Reg. 49, No. 38; September 20, 2024
State agency heads or designees shall approve and institute
written policies and procedures that communicate an enterprise-wide approach
for electronic state records management practices, and that create
accountability and auditability for the execution of these policies and
procedures. Refer to Guidelines (§6.96) for recommended electronic records
management best practices and standards to satisfy requirements specified under
this subchapter.
(1) An agency's
policies and procedures required by this section shall include these elements:
(A) Establish a component of the agency's
active and continuing records management program to address the management of
electronic state records that includes the management of electronic state
records created, received, retained, used, transmitted, or disposed of
electronically, including those electronic state records in the possession of
the state agency, vendors, or other third parties (i.e., telecommunication,
social media, etc.);
(B) Integrate
the management of electronic state records with other records and information
resources management programs of the state agency;
(C) Incorporate electronic state records
management objectives, responsibilities, and authorities in pertinent state
agency directives;
(D) Address
electronic state records management requirements, including retention
requirements and final disposition;
(E) Address the use of new technologies
adequate to fulfill the agency's duty to identify, manage, retain, and make
final disposition of electronic state records;
(F) Ensure transparency by documenting in an
open and verifiable manner the processes and activities carried out in the
management of electronic state records; and
(G) Require that records management concepts
and requirements be included in agency training on information systems and
resources. Also, an agency's information resources personnel shall receive
training on records management issues as they relate to electronic information
systems, electronic mail systems, the operation, care, and handling of
information, and the hardware, software, and media used to ensure that:
(i) Information resources personnel
understand the records management implications of selecting, purchasing,
developing, installing, deploying, modifying, and retiring technology hardware,
software, etc.; and
(ii) Decision
makers and end users understand their responsibilities to create, protect, and
manage electronic state records anywhere.
(2) An agency's policies and procedures shall
adhere to 1 TAC 202 requirements regarding security programs; and
(3) An agency's policies and procedures shall
follow privacy requirements for information that must be protected from
unauthorized use or disclosure as required by applicable state or federal law
(e.g. constitutional, statutory, judicial, and legal agreement
requirements).
