On Sun, 28 Jan 2007 20:00:10 +0000, "Simon Finnigan"
wrote:


"Wm..." wrote in message
]...
Sun, 28 Jan 2007 18:05:03
uk.legal.moderated Simon Finnigan

"Wm..." wrote in message
]...
Sun, 28 Jan 2007 15:40:03
uk.legal.moderated Simon Finnigan

"Wm..." wrote in message
]...
Sun, 28 Jan 2007 13:05:02
uk.legal.moderated Simon Finnigan

Hi all,
I`m looking for information on any legal obligation for a government
body
to
retain emails. How long they have to keep them for, methods of
access,
anything like that.

Does anyone have any relevant links or information?

[snip wot i wroted]

Thanks for that information. The body involved is the Driving Standards
Agency, DSA.

http://www.dsa.gov.uk/Category.asp?cat=27

and links from it seem to have the stuff one would expect. Quite nicely
laid out too IMO. Is want you want to know not available there?

I can`t spot anything detailing their email retention policies no :-(

The obvious questions a do you want them to have kept an e-mail you
sent to them or should they have a record of an e-mail they sent to you.

If the former and it was business for them they should have a copy. If it
was sent within the last year or three or five and was of a business
nature for the agency I'd expect it to be kept indefinitely in one form or
another.

If the latter you should have a copy.

It`s regarding emails sent to a friend, from a friend to other members of
staff there, and between other members of staff, all relating to a
disciplinary matter. The friend has been sacked, and therefore doesn`t have
direct access to their emails any longer.



If the emails were used as a part of the evidence in the disciplinary
process, then they should have been kept at least until all possible
avenues of appeal against the outcome are exhausted - both internal
and external.

but there is certainly no general rule requiring retention of emails.
It always depends on the purpose and attributes of those emails as to
whether they are documents that fall under a retention requirement.
--
Alex Heney, Global Villager
I used to be indecisive. Now I'm not so sure.
To reply by email, my address is alexATheneyDOTplusDOTcom

On Mon, 29 Jan 2007 at 15:30:06 in uk.legal.moderated Alex Heney wrote:
[...]

but there is certainly no general rule requiring retention of emails.
It always depends on the purpose and attributes of those emails as to
whether they are documents that fall under a retention requirement.

Actually I think the rule (rarely followed) is that, if an email is of
continuing importance, it should be printed and the hard copy filed as a
document. The electronic copy should not be relied upon - indeed it
should be deleted as part of normal housekeeping.

--
Nogood Boyo

Nogood Boyo wrote:
On Mon, 29 Jan 2007 at 15:30:06 in uk.legal.moderated Alex Heney
wrote: [...]

but there is certainly no general rule requiring retention of emails.
It always depends on the purpose and attributes of those emails as to
whether they are documents that fall under a retention requirement.

Actually I think the rule (rarely followed) is that, if an email is of
continuing importance, it should be printed and the hard copy filed
as a document. The electronic copy should not be relied upon -
indeed it should be deleted as part of normal housekeeping.

That's my understanding also of official policy for public bodies, but
nonetheless I believe almost anything can be retrieved from the server
back-ups and logs if sufficient effort is directed at it. I think that
the procedure for DPA applications is to search the subject's name, which
would not of course catch indirect references to them by initials, nicknames
etc.

On Mon, 29 Jan 2007 23:20:05 +0000, Nogood Boyo
wrote:

On Mon, 29 Jan 2007 at 15:30:06 in uk.legal.moderated Alex Heney wrote:
[...]

but there is certainly no general rule requiring retention of emails.
It always depends on the purpose and attributes of those emails as to
whether they are documents that fall under a retention requirement.

Actually I think the rule (rarely followed) is that, if an email is of
continuing importance, it should be printed and the hard copy filed as a
document. The electronic copy should not be relied upon - indeed it
should be deleted as part of normal housekeeping.

I don't think there *is* any general "rule".

Each and every public body sets their own policy regarding such things
- which will often be different between departments within the body.

Just because you or I think it is what they *should* do, does not make
it a rule.
--
Alex Heney, Global Villager
People will die this year that never died before
To reply by email, my address is alexATheneyDOTplusDOTcom

On Tue, 30 Jan 2007 at 23:25:02 in uk.legal.moderated Alex Heney wrote:
On Mon, 29 Jan 2007 23:20:05 +0000, Nogood Boyo
wrote:

On Mon, 29 Jan 2007 at 15:30:06 in uk.legal.moderated Alex Heney wrote:
[...]

but there is certainly no general rule requiring retention of emails.
It always depends on the purpose and attributes of those emails as to
whether they are documents that fall under a retention requirement.

Actually I think the rule (rarely followed) is that, if an email is of
continuing importance, it should be printed and the hard copy filed as a
document. The electronic copy should not be relied upon - indeed it
should be deleted as part of normal housekeeping.

I don't think there *is* any general "rule".

Each and every public body sets their own policy regarding such things
- which will often be different between departments within the body.

Just because you or I think it is what they *should* do, does not make
it a rule.

Point taken. The "rule" / internal guidance that I had in mind is
actually available at http://tinyurl.com/yr7t97. Start with IM-3. The
rest might also be of interest.

--
Nogood Boyo

On Wed, 31 Jan 2007 02:30:06 +0000, Nogood Boyo
wrote:

On Tue, 30 Jan 2007 at 23:25:02 in uk.legal.moderated Alex Heney wrote:
On Mon, 29 Jan 2007 23:20:05 +0000, Nogood Boyo
wrote:

On Mon, 29 Jan 2007 at 15:30:06 in uk.legal.moderated Alex Heney wrote:
[...]

but there is certainly no general rule requiring retention of emails.
It always depends on the purpose and attributes of those emails as to
whether they are documents that fall under a retention requirement.

Actually I think the rule (rarely followed) is that, if an email is of
continuing importance, it should be printed and the hard copy filed as a
document. The electronic copy should not be relied upon - indeed it
should be deleted as part of normal housekeeping.

I don't think there *is* any general "rule".

Each and every public body sets their own policy regarding such things
- which will often be different between departments within the body.

Just because you or I think it is what they *should* do, does not make
it a rule.

Point taken. The "rule" / internal guidance that I had in mind is
actually available at http://tinyurl.com/yr7t97. Start with IM-3. The
rest might also be of interest.

OK.

That, of course, only applies to documents relevant to VAT.

There are a variety of requirements for keeping specific types of
document - mainly relating to tax, but not always.
--
Alex Heney, Global Villager
Make Headlines..use a corduroy pillow....
To reply by email, my address is alexATheneyDOTplusDOTcom

On Wed, 31 Jan 2007 at 15:10:06 in uk.legal.moderated Alex Heney wrote:
On Wed, 31 Jan 2007 02:30:06 +0000, Nogood Boyo
wrote:

{...]

Point taken. The "rule" / internal guidance that I had in mind is
actually available at http://tinyurl.com/yr7t97. Start with IM-3. The
rest might also be of interest.

OK.

That, of course, only applies to documents relevant to VAT.

There are a variety of requirements for keeping specific types of
document - mainly relating to tax, but not always.

It applies to all the business of HMRC.

--
Nogood Boyo

On Jan 28, 1:05 pm, "Simon Finnigan"
wrote:
Hi all,
I`m looking for information on any legal obligation for a government body to
retain emails. How long they have to keep them for, methods of access,
anything like that.

Does anyone have any relevant links or information?

Thanks for your help!

--
Items on ebay:http://search.ebay.co.uk/_W0QQsassZscousesifinQQhtZ-1

All public bodies should have a Retention and Disposal Policy of all
documents as a result of the Freedom of Information Act 2000.

For instance the DH has a recommended Schedule for all NHS
organisations.

eg see the Policy of Gateshead PCT

http://www.gatesheadpct.nhs.uk/trust...20schedule.pdf

(http://preview.tinyurl.com/32outo)

These will typically give a minimum retention period that is required
for a particular type of document - many of these will be based on
different pieces of legislation.

Under the Freedom of Information Act, the most serious penalty is for
a record (including an email) that is requested and deleted by an
individual so that it can't be released (normally referred to as the
Enron scenario).

If an email or other document that is requested has been deleted/
disposed of, the organisation should (ideally) be able to show that
they had a Retention and Disposal Policy - and that the record was
disposed of because it had been held past the relevant length of time.

Of course, emails are the most difficult to police. Individuals
generally police their own emails so I would have thought only in a
very bureaucratic and organised system would it be possible to
guarantee that all emails in a certain category had been retained.

Nick