Public Records Management Guidelines
Sources of Law
There are myriad sources of law that set forth the legal requirements for proper records management. These sources of law include, but are not limited to the following:
A. United States Code of Laws:
- Title 5, U.S.C., Section 513, Family Educational Rights and Privacy Act of 1974;
- Title 5, U.S.C. Section 552, the Freedom of Information Act;
- The Health Insurance Portability and Accountability Act of 1996 (HIPAA); and
- The Sarbanes-Oxley Act of 2002.
B. The Federal Rules of Civil Procedure:
- Rule 16: Pretrial Conferences; Scheduling; Management
- Rule 26: General Provisions Governing Discovery; Duty of Disclosure
- Rule 33: Interrogatories to Parties
- Rule 34: Production of Documents, Electronically Stored Information, and Things and Entry Upon Land for Inspection and Other Purposes.
- Rule 37: Failure to Make Disclosures or Cooperate in Discovery; Sanctions
- Rule 45: Subpoena
C. Wisconsin Statutes:
- Chapter 13, Subchapter IV, Section 13.94, Legislative Audit Bureau;
- Chapter 15, Subchapter I, Section 15.04, Heads of Departments and Independent Agencies, Powers and Duties;
- Chapter 16, Subchapter III, Sections 16.61, 16.611, & 16.62: Records of State Offices and Other Public Records, State Public Records, and Records Management Service;
- Chapter 19, Subchapter II, Public Records and Property;
- Chapter 36, University of Wisconsin System; and
- Chapters 901 to 911, the Wisconsin Rules of Evidence.
D. Wisconsin Administrative Code:
- University of Wisconsin System, Chapters 1-6, Faculty Rules; Chapter 8, Code of Ethics; Chapters 9-16, Academic Staff Rules; and Chapters 14 & 16, Student Disciplinary Proceedings.
- Public Records Board, Chapter 1, Microfilm Standards; and
- Department of Administration, Chapter 12, Electronic Records Management.
E. Regent Policy Documents:
- Guide to Plan and Implement Management Information Systems;
- Policy on Use of University Information Technology Resources; and
- The University of Wisconsin System Records Management Policy.