Guidance Issued on Keeping Emails

The Obama administration has issued guidance aimed at relieving federal employees of what it called the “tremendous burden” of having to personally decide which of their emails have to be retained—and potentially suffering the consequences if they delete something that should be kept. Said a joint memo from OMB and the National Archives and Records Administration, “Currently, in many agencies, employees manage their own email accounts and apply their own understanding of federal records management. This means that all employees are required to review each message, identify its value, and either delete it or move it to a recordkeeping.” It recommended that agencies follow a policy of identifying accounts of individuals who, by virtue of their work, office, or position, are likely to create or receive permanently valuable records—mainly, but not necessarily, more senior employees and appointees. For others, agencies could keep the records as long as they may need them. The e-mail issue has arisen in the controversy over the IRS’s handling of applications for tax-exempt status in which the agency has reported losing some records. The House in reaction has passed HR-5418, to prohibit IRS employees from using personal email accounts to conduct official business, and HR-5170, which requires agencies to take disciplinary actions including firing when federal employees are found to have falsified or improperly destroyed documents and other records.