The University Policy Manual

This policy on university E-mail computer use is based on the model developed by the Computer and Internet Legal Issues Committee of The University of North Carolina General Administration Office of Legal Affairs. Established in early 1996, the Committee was charged with responsibility for keeping abreast of legal developments, identifying issues, conducting legal research, and developing model policies in the area of computers and computer mediated communications.

1. Electronic mail or "E-Mail" is simply a method of communicating information and does not constitute a public record in and of itself. However, the information transmitted through the use of E-Mail may become a public record if it meets the definition of NC General Statute 132-1, i.e., if it is information made or received in the transaction of public business by a state agency. If information transmitted by E-Mail meets the definition of "public record," then it may not be deleted or otherwise disposed of except in accordance with a records retention schedule approved by the State Division of Archives and History. The content of the E-Mail message determines the retention requirement.[1]
2. The legal "custodian" of an E-Mail message, will normally be the originator if that person is a University employee; otherwise, it will be the individual to whom the message is addressed once the message is received. The legal custodian is the person responsible for ensuring compliance with the Public Records Act. Although most agencies also periodically back up information residing on system hard drives, this is not done for archival purposes or in order to meet the requirements of the Public Records Act, but as a safety measure in case of system failure or unlawful tampering ("hacking"). The system administrator is not the legal custodian of messages which may be included in such back up files. UNCG E-Mail servers are provided only to facilitate the delivery of E-Mail. UNCG E-Mail servers are NOT provided for archival purposes, nor can Information Technology Services guarantee that E-Mail delivered to recipients actually originated from the person or persons indicated on the E-Mail message.
3. E-Mail messages generally fall into two categories.
   1. First, some E-Mail is of limited or transitory value. For example, a message seeking dates for a proposed meeting has little or no value after the meeting date has been set. Retention of such messages in the computer system serves no purpose and takes up space. Such messages may be deleted as soon as they no longer serve an administrative purpose.
   2. Second, E-Mail is sometimes used to transmit records having lasting value. For example, E-Mail about interpretations of an agency's policies or regulations may be the only record of that subject matter. Such records should not be maintained in E-Mail format, but should be transferred to another medium and appropriately filed, thus permitting E-Mail records to be purged at regular intervals.
4. While the methods for reviewing, storing or deleting E-mail vary, compliance with the retention requirements of the Public Records Act may be accomplished by doing one of the following:
   1. Print the E-Mail and store the hard copy in the relevant subject matter file as would be done with any other hard-copy communication. Printing the E-Mail permits maintenance of all the information on a particular subject matter in one central location, enhancing its historical and archival value.
   2. Electronically store the E-Mail in a file, a disk, or a server, so that it may be maintained and stored according to its content definition under the unit's records retention policy. At present, Information Technology Services provides no such archival document storage systems on behalf of its computing users.

1. Additional information on this topic may be found at the State Division of Archives and History web site entitled, Frequently Asked Questions About Public Electronic Records.