Preproposal statement of inquiry was filed as WSR 05-20-115.
Title of Rule and Other Identifying Information: Preservation of electronic public records at the Washington state digital archives.
Hearing Location(s): John L. O'Brien Building, Hearing Room D, 504 15th Avenue S.W., Olympia, WA, on March 27, 2008, at 2:00 p.m.
Date of Intended Adoption: May 1, 2008.
Submit Written Comments to: Megan Moreno, P.O. Box 40220, Olympia, WA 98504-0220, e-mail email@example.com, fax (360) 586-5629, by March 21, 2008.
Assistance for Persons with Disabilities: Contact Megan Moreno by March 21, 2008, TTY (800) 422-8683.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of the proposal is to educate and clarify the requirements of RCW 40.14.010 as it pertains to electronic public records. The proposal establishes procedures for use of the Washington state digital archives for storage of electronic public records. Anticipated effects include: Increased compliance with RCW 40.14.010; better awareness of RCW 42.17.020(42); and comprehension of procedures for use of the Washington state digital archives.
Reasons Supporting Proposal: RCW 40.14.010 states that any record made or received in the course of business is a public record and must be managed. Records are public records regardless of their physical form or characteristics, as defined in RCW 42.17.020(42). The proposal aids agency's use of the Washington state digital archives to meet requirements previously established in RCW 40.14.010.
Statutory Authority for Adoption: RCW 40.14.020(6).
Statute Being Implemented: Chapter 434-662 WAC.
Rule is not necessitated by federal law, federal or state court decision.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Management of electronic public records is a preexisting requirement and is not initiated, only clarified, by this proposal. A frequently asked questions document is available with information on public records, e-mail, web sites, metadata, public disclosure, disaster recovery, certified records and fees, how to transfer documents, and other miscellaneous topics. Contact Megan Moreno for a copy, (360) 902-0445 or firstname.lastname@example.org.
Name of Proponent: Office of the secretary of state, governmental.
Name of Agency Personnel Responsible for Drafting: Megan Moreno, 250f Legislative Building, Olympia, Washington, (360) 902-0445; Implementation and Enforcement: Jerry Handfield, 1129 Washington Street S.E., (360) 586-2666.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposal does not affect small businesses.
A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Jerry Handfield, P.O. Box 40238, Olympia, WA 98504, phone (360) 586-2666, fax (360) 664-8814, e-mail email@example.com.
December 19, 2007
Assistant Secretary of State
PRESERVATION OF ELECTRONIC PUBLIC RECORDS AT THE WASHINGTON STATE DIGITAL ARCHIVES
"Archival value" means those public records, as determined by state archivist's appraisal, that are worthy of indefinite or permanent preservation by the archives due to their historical, legal, fiscal, evidential, or informational value.
"Authentic" means that a public record is accepted by the state archives as genuine, trustworthy, or original. "Authentication" means the process of verifying that a public record is acceptable as genuine, original, or authentic.
"Chain of custody" means the documentation of the succession of offices or persons who held public records from the moment they were created until they are presented as evidence in a court of law.
"Confidential" means any public record series, file, record or data base field with restrictions on public access as mandated by federal, state or local laws, or court order.
"Copy" means a duplicate made from an original public record that is nearly identical to the original but can vary significantly in its fidelity to the original. The informational content on the copy is substantially the same as the original.
"Data base" means a set of data, consisting of one file, group of integrated files or tables, maintained as an information system managed by a data base management system.
"Data base management system" means a set of software programs that controls the organization, storage and retrieval of data in a data base, as well as the security and integrity of the data base.
"Digital archives" means the mass storage facility for electronic records located in Cheney, Washington and operated by the Washington state archives. The digital archives is designed to permanently preserve electronic state and local government records with archival value in an environment designed for long-term storage and retrieval.
"Digital image" means the product resulting from a process whereby nonelectronic materials such as records, maps, pictures, photographs, books, manuscripts, and newspapers are scanned or otherwise automatically processed to generate digital files.
"Disposition" means the action taken with a record once its required retention period has expired. Disposition actions include but are not limited to transfer to the archives, preservation on microfilm or digital image, or destruction.
"Elected official" means any person elected at a general or special election to any public office, and any person appointed to fill a vacancy in any such office.
"Electronic record" includes those public records which are stored on machine readable materials such as hard disks, floppy disks, CDs, DVDs, flash media cards, USB storage devices, magnetic tape, and any other media designed to store information electronically.
"Encryption" means the process of rendering plain text unintelligible by converting it to ciphertext so it can be securely transmitted and can only be read by those authorized to decode the plain text from the ciphertext.
"Media file format" means the type of data file stored on machine readable materials such as hard disks, floppy disks, CD-ROMs, DVDs, flash media cards, USB storage devices, magnetic tape, and any other media designed to store information electronically, as well as the application program necessary to view it.
"Metadata" means data used to describe other data. Metadata describes how, when, and by whom particular content was collected, how the content is formatted, and what the content is. Metadata is designed to provide a high level of categorization to aid in the storage, indexing, and retrieving of electronic records for public use.
"Public record" means any record, original or copy, containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, received, used or owned by any state or local agency regardless of physical form or characteristic. For the office of the secretary of the senate and the office of the chief clerk of the house of representatives, public records includes any and all legislative records as defined in RCW 40.14.100.
"Records committees" means the local records committee created in RCW 40.14.070 and the state records committee created in RCW 40.14.050.
"Retention period" means the minimum amount of time required for the retention of a records series on a records retention schedule or general records retention schedule approved by a state or local records committee.
"Records retention schedule" means a legal document approved by the state or local records committee that specifies minimum retention periods for a records series and gives agencies ongoing disposition authority for the records series after the records' approved retention period has been satisfied.
"Spider, web spider, web crawler, robot, and bot" means a software program that automatically retrieves on-line web content and all documents linked to such content.
"Usable file format" means the transformation of the data contained in a legacy media file format into a format that can be read on computers currently in use without the loss of information contained in the original file.
(1) Identification of the document series;
(2) Disposition authority;
(3) Number of records to be transferred;
(4) Method, schedule, and frequency of record transmittal;
(5) Required metadata fields;
(6) Media file format;
(7) Identification of any confidential information or record and the statutory authority for such confidentiality;
(8) Other technical information necessary for ingestion of electronic data into the digital archives repository; and
(9) Procedures for collecting any fees for public copies as provided by statute or ordinance.
(1) Each page shall contain meta tags identifying the agency, program area, and date of last modification;
(2) Pages available for public viewing shall not contain a "no robots" or other tag precluding the spidering of the site;
(3) Archived content should be stored on the web server in such a manner that it can be spidered; and
(4) Data contained in back-end data bases should be identified in the transmittal agreement.