justicedao/ipfs_state_laws huggingface dataset:
166-010-0019 Security Copy Depository Deposits for Storage The Security Copy Depository operates vault facilities, located in the State Archives Building, for the off-site storage of security microfilm of public records. The Security Copy Depository accepts deposits for storage under the following conditions: (1) Public records transferred to the Security Copy Depository remain in the official custody of the agency from which they were received. All requests for access to the stored records are made only through that agency. (2) Prior approval is required to transfer public records to the Security Copy Depository. Transfers will be completed according to procedures, criteria, and standards established by the State Archivist, which are available on request. (3) Only records with an approved retention period of ten or more years shall be accepted for transfer. (4) Minimum requirements for the depository are listed in OAR 166-025-0030. (5) Storage fees for the Security Copy Depository are based on a biennial assessment. Please contact the State Archives, Security Copy Depository (503-378-5250) for current fees. Statutory/Other Authority: ORS 192 & 357 Statutes/Other Implemented: ORS 192.005 - 192.170 & 357.805 - 357.895 History: OSA 9-2009, f. & cert. ef. 10-15-09
166-017-0005 Purpose Agencies must ensure access to all public records as defined by ORS 192.410 to 192.505 for the entire length of the retention period approved by the State Archivist. Electronic public records are particularly susceptible to accidental deletion, damage and obsolescence. These rules help to ensure that public records maintained in electronic format are accessible for their scheduled retention period. Statutory/Other Authority: ORS 192.050, 192.060 & 192.105 Statutes/Other Implemented: 357.825(2), 357.855 & 357.895 History: OSA 1-2016, f. & cert. ef. 5-5-16
166-017-0010 Definitions In addition to the definitions contained in OAR 166-005-0010, the following definitions apply to this division: (1) "AIIM" — Association for Information and Image Management. (2) "ANSI" — American National Standards Institute. (3) "ASCII" — American Standard Code for Information Interchange; A standard, seven-bit character set for use by digital computers, which includes 96 displaying symbols (letters, digits, punctuation) and 32 control codes (line feed, newline, tab, etc.). (4) “Born-digital records” refers to records which originate in a digital form rather than physical formats such as paper or film. (5) “Cloud storage” is a model of networked enterprise storage where data is stored in virtualized pools of storage which may be hosted by third parties. (6) "Digitization" means the process of transforming analog material into electronic form, especially for storage and use in a computer. (7) "DPI" — Dots per inch; refers to the number of pixels contained in a linear inch. (8) "Electronic record" means any information recorded in a form that requires a machine to process and access the information. (9) "Electronic records system" is a generic term to indicate any combination of hardware, media or storage, and software used to store electronic records. (10) "Hybrid micrographic system" means a system that combines a micrographic/microfilm analog system with electronic, digital technology. (11) “IEC” — International Electrotechnical Commission. (12) “ISO” — International Organization for Standardization. (13) "Magnetic media" means any type of storage medium that utilizes magnetic patterns to represent information. (14) “NIST SP” — National Institute of Standards and Technology Special Publication (15) "Open format" means a data format that is defined in complete detail and that allows transformation of the data to other formats without loss of information. An open format may be either standards-based or proprietary. (16) "Optical media" means a platter used to store large quantities of data that can be read using light. (17) "WORM” — Write once, read many; refers to a type of optical disk which cannot be erased or amended. Statutory/Other Authority: ORS 192.005-192.170 & ORS 357.805-357.895 Statutes/Other Implemented: ORS 192.005-192.170 & ORS 357.805-357.895 History: OSA 1-2026, amend filed 01/06/2026, effective 01/06/2026 OSA 1-2016, f. & cert. ef. 5-5-16 OSA 2-1994, f. 1-28-94, cert. ef. 4-1-94
166-017-0015 General Requirements (1) Agencies must ensure that all public records in all formats or mediums, including electronic, are maintained in accordance with an applicable records retention schedule approved by the State Archivist. (2) Agencies must develop policies and procedures and perform periodic reviews to monitor compliance to agency policies regarding access, use, retention, and disposition of electronic records. (3) In accordance with their contracting authority, agencies may contract with external vendors for the storage or management of electronic records. The vendors must comply with all rules in OAR 166, Division 17. Agencies must not enter into a contract with any person or entity if the contract will impair the right of the public to inspect or copy the agency's nonexempt public records, including contracts where the custody of the records is transferred, either purposefully or inadvertently, from the agency to the hosting entity. (4) Contracting agencies must ensure that vendors manage agency records in compliance with all rules in OAR 166, Division 17. Contracts for the storage of electronic records by external vendors must require the vendor to comply with OAR 166, Division 17 and to return all electronic data files and indexing information to the agency at the expiration of the contract or upon vendor failure to comply with OAR 166, Division 17. (5) Agencies must ensure that electronic public records are accessible to the public for their entire authorized retention period and that non-permanent records are destroyed at the end of their authorized retention period. Agencies must also maintain confidentiality for electronic public records that are exempt from public disclosure. Statutory/Other Authority: ORS 192.050, 192.060 & 192.105 Statutes/Other Implemented: 357.825(2), 357.855 & 357.895 History: OSA 1-2016, f. & cert. ef. 5-5-16
166-017-0035 Digitization Standards Agency electronic records systems that maintain official copies of public records must meet the following minimum requirements for digitization of paper or microfilm records into the system (as stated in OAR 166, Division 25): (1) Documents containing fonts ten-point or larger, and containing no signatures, must be scanned at a minimum density of 200 DPI (dots per inch), when converting paper or microfilm records to electronic records. (2) Documents containing fonts smaller than ten-point, signatures, architectural and engineering drawings, maps and line art must be scanned at a minimum density of 300 DPI. (3) Cancelled checks must be scanned at a minimum density of 240 DPI grayscale and meet the requirements of ANSI X9.100-140 — Specifications for an Image Replacement Document. (4) Digitized documents must be verified for accuracy and completeness after digitization and prior to the destruction of the paper or microfilm original. (5) Scanners must be monitored for quality control. Documentation describing each inspection must be maintained for each digital imaging system and must include the date of inspection, name of inspector(s), group of documents inspected, and sample size (if applicable). Policies and procedures must conform to ANSI/AIIM MS44-R1993, Recommended Practice for Quality Control of Image Scanners and ANSI/AIIM TR25-1995 — The Use of Optical Disks for Public Records which are incorporated by reference and are available from the Association for Information and Image Management, 1100 Wayne Avenue, Suite 1100, Silver Spring, MD 20910. (6) Targeting for converting microforms to electronic images must be done in accordance with ANSI/AIIM MS44-R1993. Technical targets used must be the IEE Std 167A-1987, Facsimile Test Chart, AIIM Scanner Test Chart #2, and for color images, the Process Ink Gamut Chart. These Charts are available from the Association of Information and Image Management, 1100 Wayne Avenue, Suite 1100, Silver Spring, MD 20910 or from the Archives Division. (7) A hybrid micrographic system (system combining a micrographic/microfilm analog system with electronic technology) that conforms to OAR 166-025-0021 may be used. Statutory/Other Authority: ORS 192.050, 192.060 & 192.105 Statutes/Other Implemented: 357.825(2), 357.855 & 357.895 History: OSA 1-2016, f. & cert. ef. 5-5-16
166-017-0055 Security Standards Agency electronic records systems that maintain official copies of public records must meet the following minimum security requirements: (1) Provide a method for all authorized users of the system to retrieve desired records. (2) Provide an appropriate level of security to ensure the integrity of the records. Security controls must include, at a minimum, physical and logical access controls, backup and recovery procedures, file integrity monitoring and training for custodians and users. Statutory/Other Authority: ORS 192.050, 192.060 & 192.105 Statutes/Other Implemented: 357.825(2), 357.855 & 357.895 History: OSA 1-2016, f. & cert. ef. 5-5-16
166-017-0065 Interoperability Standards Agency electronic records systems that maintain official copies of public records must meet the following minimum interoperability requirements: (1) Identify the open format or standard interchange format when necessary to permit the exchange of records on electronic media between agency electronic records systems using different software/operating systems and the conversion or migration of records on electronic media from one system to another. For text records in the absence of other conversion capabilities, the word processing or text creation system must be able to import and export files in the ASCII format as prescribed by Federal Information Processing Standard Publication (FIPS PUB) Number 1-2; entitled Coded Character Sets - 7-Bit American National Standard Code for Information Interchange (7-Bit ASCII) (1986, R2002), which is hereby incorporated by reference, and made a part of this rule. This publication is available from the National Technical Information Service (NTIS), 5285 Port Royal Road, U.S. Department of Commerce, Springfield, VA 22161. (2) Provide for the disposition of the records including, when appropriate, transfer to the Oregon State Archives in the format requested by the State Archivist. (3) Electronic records must remain accessible during their entire authorized retention period. Statutory/Other Authority: ORS 192.050, 192.060 & 192.105 Statutes/Other Implemented: 357.825(2), 357.855 & 357.895 History: OSA 1-2016, f. & cert. ef. 5-5-16
166-017-0075 Maintenance and Backup Standards Agency electronic records systems must meet the following minimum requirements to ensure the ongoing maintenance of electronic records: (1) Electronic storage media must be maintained in an environment with a constant temperature from 65 to 75 Degrees Fahrenheit not to fluctuate more than +/- 5 Degrees and relative humidity not to exceed 50% (ANSI/AIIM TR 25-1995). (2) Electronic records stored on magnetic media must not be stored closer than 2 inches from sources of magnetic fields, including generators, elevators, transformers, loudspeakers, microphones, headphones, magnetic cabinet latches and magnetized tools. They must not be stored in metal containers unless the metal is non-magnetic. (3) Storage containers must be resistant to impact, dust intrusion and moisture. (4) Official copies of electronic records must be maintained by personnel properly trained in the handling of records and associated equipment. (5) Written policies and procedures must be established and adopted by the agency for external labeling of the contents of disks, tapes, flash or hard drives or other storage media so that all authorized users can identify and retrieve the stored information. (6) Storage media must be converted, as necessary, to provide compatibility with the agency's current hardware and software, ensuring that information is not lost due to changing technology or deterioration of storage media. Before conversion of information to different media, agencies must determine that authorized disposition of the electronic records can be implemented after conversion. (7) Electronic records systems must be backed up on a regularly scheduled basis according to written agency policies and procedures to safeguard against the loss of information due to equipment malfunctions or human error. (8) Backups must be stored and maintained in off-site storage areas meeting the requirements of 166-020-0015, 166-020-0045 and 166-017-0075(1), and must be located in buildings separate from the location of the records that have been copied. Statutory/Other Authority: ORS 192.050, 192.060 & 192.105 Statutes/Other Implemented: 357.825(2), 357.855 & 357.895 History: OSA 1-2016, f. & cert. ef. 5-5-16
166-017-0085 Records Retention Requirements Agencies must develop and adopt policies and procedures to ensure that electronic records are retained and managed as specified in a records retention schedule approved by the State Archivist (166-030-0026 or 166-030-0027). These retention policies and procedures must include provisions for: (1) Scheduling the retention and disposition of all electronic records, as well as related access documentation and indexes, in accordance with approved records retention schedules developed and authorized by the State Archivist. (2) Identifying, maintaining and protecting essential records and essential records systems (OAR 166-020-0045). (3) Establishing procedures for regular recopying, reformatting, and other necessary maintenance to ensure the retention and usability of the electronic records throughout their authorized retention period so that the records remain accessible. (4) Ensuring that electronic records specified in OAR 166-030-0026(4) are not destroyed without the written permission of the State Archivist. Statutory/Other Authority: ORS 192.050, 192.060 & 192.105 Statutes/Other Implemented: 357.825(2), 357.855 & 357.895 History: OSA 1-2016, f. & cert. ef. 5-5-16
166-017-0090 Records Destruction Requirements for Electronic Records Agency electronic records may be destroyed only in accordance with the provisions of a records retention schedule approved by the State Archivist. Each agency must ensure: (1) Electronic records which are confidential by law and negotiable instruments (even when cancelled or satisfied in writing) and records that contain sensitive, proprietary, or security information must be destroyed so that the image and confidential metadata are irreversibly non-retrievable, either through electronic or physical destruction as specified below: (a) Electronic records stored on magnetic media must be degaussed or "bulk erased" and then irreversibly reformatted to ensure the data/information cannot be retrieved. (b) Electronic records held on optical media may be destroyed by cutting, crushing, shredding, or other physical means of destruction. Rewritable optical disks must be irreversibly reformatted before being disposed of or re-used. (c) Electronic records stored on hard drives or flash drives of personal computers and servers must be irreversibly reformatted before computers are disposed of. If the agency is unable to determine whether a hard drive or flash drive has been irreversibly reformatted, it must be physically destroyed. (d) For additional guidance on data sanitation and destruction, refer to NIST SP 800-88, Guidelines for Media Sanitization and DoD 5220.22-M. (2) Expungement of digital images stored on WORM optical media must conform to the Expungement of Information Recorded on Optical Write-Once-Read-Many (WORM) Systems (TR28-1991) which is incorporated by reference and is available from Association of Information and Image Management, 1100 Wayne Avenue, Suite 1100, Silver Spring, MD 20910 or the State Archives. Statutory/Other Authority: ORS 192.050, 192.060 & 192.105 Statutes/Other Implemented: 357.825(2), 357.855 & 357.895 History: OSA 1-2016, f. & cert. ef. 5-5-16
166-017-0095 Use of Alternate Formats and New Technologies for Public Records (1) If adopting new formats or new technologies for public records, such as text messages, social networking sites, and alternate private email accounts, agencies must ensure all actions comply with the requirements of the Oregon Revised Statutes and the rules found in OAR 166 will be met. (2) If an agency utilizes private records storage facilities such as cloud storage, the agency must ensure that they maintain ownership of all of the agency’s stored public records. Statutory/Other Authority: ORS 192.050, 192.060 & 192.105 Statutes/Other Implemented: 357.825(2), 357.855 & 357.895 History: OSA 1-2016, f. & cert. ef. 5-5-16
166-020-0005 Purpose This Division defines storage and conditions that are acceptable for the use, storage, and protection of public records in Oregon, ensuring that the informational content is protected for the entire length of the authorized retention period of the public record. Statutory/Other Authority: ORS 357 Statutes/Other Implemented: ORS 357.825(2), 357.855 & 357.895 History: OSA 9-2009, f. & cert. ef. 10-15-09 OSA 5, f. 12-30-77, ef. 1-1-78 OSA 2, f. & ef. 11-21-75
166-020-0007 Definitions In addition to the definitions contained in OAR 166-005-0010 and 166-017-0011, the following definitions apply to this division: (1) “Essential electronic records system” means a records system which requires a computer to process and contains records that are essential to the continued functioning or reconstitution of an agency during and after an emergency, and those records that are essential to protect the rights and interests of that agency and of the individuals directly affected by its actions. Essential records are sometimes called vital records. (2) “Essential records” means records that are essential to the continued functioning or reconstitution of an agency during and after an emergency, and those records that are essential to protect the rights and interests of the agency and of the individuals directly affected by its actions. Essential records are sometimes called vital records. (3) “Records system” means an organized collection of data captured, processed, maintained, transmitted or disseminated in accordance with defined procedures (automated or manual). Statutory/Other Authority: ORS 192 & 357 Statutes/Other Implemented: ORS 192, 357.825(2), 357.855 & 357.895 History: OSA 9-2009, f. & cert. ef. 10-15-09 OSA 2-1996, f. 4-9-96, cert. ef. 4-15-96
166-020-0010 Duties of Public Records Custodians Public records custodians are charged with protecting and providing access to public records: (1) The term “public records” as used in statutes and rules pertaining to disposition of public records means records which are the property of the public. Alienation of public records is prohibited by public policy and statute (ORS 192.001). Custodians of public records are specifically charged by statute with the responsibility of protecting them, and, except as expressly provided by statute, furnishing reasonable opportunities for inspection and examination of them by any person (ORS 192.430(1)). (2) State and local agencies are responsible for public records in their custody, wherever deposited, until the public records have been transferred to the custody of the State Archivist or otherwise disposed of as authorized by an approved records retention schedule produced by the State Archivist (3) Pursuant to ORS 357.875, no state agency or local government shall enter into or renew an agreement with any records storage entity that restricts the access or inspection of Oregon public records by the State Archivist. (4) When a state agency is abolished or ceases to operate, its public records shall be deposited in the official custody of the State Archivist, except as otherwise provided by ORS 357.835(2). (5) Public records deposited in the State Records Center or Security Copy Depository remain in the official custody of the agency which deposited them. Statutory/Other Authority: ORS 357 Statutes/Other Implemented: ORS 357.825(2), 357.835, 357.855 & 357.895 History: OSA 9-2009, f. & cert. ef. 10-15-09 OSA 3-1988, f. & cert. ef. 10-20-88 OSA 5, f. 12-30-77, ef. 1-1-78 OSA 2, f. & ef. 11-21-75
166-020-0015 Storage Area Standards Safe storage of public records requires compliance with the following standards: (1) Public records should be stored in secure, fire-resistant structures and in areas in which the temperature and humidity are maintained at the levels required to ensure optimum longevity of the paper, film or medium on which they are recorded. Adequate light and access should be provided to permit retrieval of public records. Adequate ventilation and protection against insect or mold invasion should be provided. Steam, water, and sewer pipes, other than fire-control sprinkler systems, pose extreme hazard to records. No public records of enduring value should be stored where heat, breaks, drips or condensation from pipes could damage them; where windows, doors, walls or roofs are likely to admit moisture; or where they will be exposed to sunlight or extreme temperature variations. (2) Aisle space in public records storage areas should be kept free of obstruction and no public records should be stacked or piled directly on the floor of any storage area. All public records should be shelved above initial flood level of any bursting pipe, leaky roof, sprinkler system or other source of water. (3) Additional storage area standards are specified in these rules for public records stored in electronic format (OAR 166, Division 17), and in microforms (OAR 166, Division 25). Statutory/Other Authority: ORS 192 & 357 Statutes/Other Implemented: ORS 357.825(2), 357.855 & 357.895 History: OSA 9-2009, f. & cert. ef. 10-15-09 OSA 3-1988, f. & cert. ef. 10-20-88 OSA 5, f. 12-30-77, ef. 1-1-78 OSA 2, f. & ef. 11-21-75
166-020-0045 Essential Records Systems, Identification and Storage (1) Agencies shall, with the advice and assistance of the State Archivist, identify their essential records, regardless of medium or physical format. (2) Agencies shall store security copies of essential electronic records systems off the premises where the system is used, along with any system documentation necessary to enable recovery of the system in the event of an emergency. (3) Agencies shall comply with the following storage requirements for security copies of essential electronic records systems: (a) Off-site storage conditions shall have temperatures no less than 60 degrees or greater than 80 degrees Fahrenheit, and shall have a relative humidity no greater than 50 percent. (b) Off-site storage shall be in secure facilities with fire suppression systems. Facilities must provide adequate ventilation and protection against insect and mold infestation. No essential records systems shall be stored where heat or moisture can damage them. Statutory/Other Authority: ORS 192 & 357 Statutes/Other Implemented: ORS 192, 357.855 & 357.895 History: OSA 9-2009, f. & cert. ef. 10-15-09 OSA 2-1996, f. 4-9-96, cert. ef. 4-15-96
166-025-0005 Purpose and Application of Microfilm Standards Rules The authority for these rules is found in ORS 192.070, 357.825(2), and 357.895. State agencies and political subdivisions shall comply with these rules for microfilming public records. These rules contain the measures necessary to insure that the informational content of public records is protected for the life of the record. Statutory/Other Authority: ORS 192.070, 357.825(2) & 357.895 Statutes/Other Implemented: ORS 357.825(2), 357.855 & 357.895 History: OSA 9-2009, f. & cert. ef. 10-15-09 OSA 5-1992, f. 12-21-92, cert. ef. 1-1-93