Fact or Fiction – Common Misconceptions About Public Records Archiving (Infographic)

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The statement, “We need to create and keep that record for legal reasons,” is often heard in the record retention compliance sphere, yet not many people understand what it truly means. The vagueness of the scope of their existing public records archiving laws is the reason why an increasing number of state governments are implementing new rules to manage the rise of new communication platforms.

The Texas 944 text message law is an example of local governments adapting to new ways public employees are communicating with their colleagues and constituents – all to ensure efficient public records request response.

With the new recordkeeping laws come an improved or an entirely new data retention process. With either of the two, a public office is likely to run into a number of difficulties. Many of these issues stem from the many myths associated with public records archiving, explicitly concerning the effective retention of text messages, voice calls, WhatsApp, and other mobile communications.

We offer below the top commonly-held misconceptions about public records archiving that could be a hindering improvement to your public records request-response process.

Fiction #1: It Is Not Crucial to Record SMS Message

Fact: Archiving Text Messages is Part of Public Records Law

Under the retention requirements of Freedom of Information Act and most State Open Record Laws, the public has the right to access federal and state records, including mobile SMS messages, typically within six months from the date of the request.

Besides, the NARA 2019 mandate also requires government organizations to have systems in place that will enable them to capture electronic records, including mobile SMS, voice calls, and WhatsApp chats, and store them in an accessible format.

Because of the widespread BYOD policy and text messaging in public offices, it is critical in the government sector to implement a solution that will allow them to capture and records mobile SMS of all their employees.

 

Fiction #2: Government Can Rely on Carrier Networks on Retaining Mobile Communications

Fact: Carrier Networks Do Not Archive Messages for Long-Term by Default

Carrier networks are not obliged to retain records of their customer’s mobile communications, so relying on them as a recordkeeping partner is not an ideal strategy. An investigation found that most established networks in the U.S. only keep the metadata of the messages, and does not keep message content at all.

However, more and more networks such as AT&T, O2, Telus, Bell, and Verizon, are integrating with text archiving solution providers such as TeleMessage to allow their business clients to maintain an enterprise archive of their employees’ text messages.

 

Fiction #3: There is a Definite Period of Retention for Mobile Messages

Fact: The Retention Period for Electronic Records Varies Per State

There are many federal, state, and local laws that require public agencies and offices to keep documents for different periods. Most states require mobile communications and other electronic records to be retained for three to seven years, while others demand such records to be stored for an indefinite period.

As such, government organizations need to identify the laws that are relevant to them, and more importantly, understand the details for maintaining electronic records throughout their retention period. For instance, there are clauses in some recordkeeping laws that require agencies to store the messages in WORM format, while others need agencies to use a system that will allow for remote transmission of records.

 

Fiction #4: Banning Text Messaging at Work is Key to Compliance

Fact: No-Texting Policy is Not an FOIA and Public Records Defense

Many government agencies have attempted to implement a ban on text messaging, thinking that it would exempt them from the requirement to capture and record text messages both on government-issued and personal devices of their employees.

However, even with a no-texting policy, regulators and oversight committees will still conduct audits to government agencies – most of which often come unannounced. If they find there are work-related text messages in the employee’s devices that are not being captured and retained, the agency or the public official may end up paying a hefty fine or even face high-profile litigation in court.

 

With TeleMessage, public agencies and institutions can effectively comply with public records archiving laws, including the FOIA text message archiving requirements. The TeleMessage Mobile Archiver is an enterprise messaging app that effectively addresses compliance, regulatory, public records request response requirements, and reduces risk across the public sector.

TeleMessage’s Mobile Archiver solutions can record SMS messages, record voice calls, and other mobile content such as MMS and WhatsApp chats and calls from corporate or BYOD mobile phones. Messages are securely and reliably retained within TeleMessage servers or forwarded to an archiving data storage vendor of your choice.

Our mobile archiving products securely capture content from mobile carriers and mobile devices for a variety of ownership models (BYOD, CYOD, and employer-issued). With our multiple archiving solutions, you can always find the right tools or blend for your requirements:

TeleMessage offers cross-carrier and international mobile text & calls archiving for corporate and BYOD phones. Visit our website today at www.telemessage.com to learn more about our mobile archiving products

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