Page History

Overview

Some records created by MIT are restricted either because the governing body of MIT (the Corporation) has restricted them, or because federal or state laws impose restrictions. When arranging records it is important to recognize series of records that may be restricted or are likely to contain restricted records.

MIT has had a long standing commitment both to educate students and to share knowledge, as articulated in its current mission statement:

MIT, as a private institution, is free to set its own regulations about access to Institute records. MIT is also subject to existing United States and Massachusetts rules and regulations. Records may therefore be restricted because MIT is required to follow federal and state records laws.

MIT’s Record Policies

The MIT Institute Records Access Policy was voted by the MIT Corporation in May, 1980. Institute Archives & Special Collections: Institute Records Access Policy

The MIT Institute Records Collections Policy was voted by the MIT Corporation in May, 1976 and is covered in Policies and Procedures. Institute Archives & Special Collections: Institute Archives Records Collection Policy

see also: MIT Policies & Procedures, Section 11 “Privacy and Disclosure of Personal Information” and Section 13 “Information Policies” 

Access Restrictions

: General Guidelines

Institute archival records will normally remain closed for a maximum period of twenty years from the date of their creation (the date on which each document was written) unless the office of origin has designated a shorter period. Other categories of records are closed for 50 or 75 years from date of creation.

75 Year Restrictions

(A) Education Records / Student Information

Under FERPA, "education records" include all records, in all tangible formats (print, electronic, visual, etc.) that are directly related to currently or formerly enrolled students and are maintained by an academic institution. MIT distinguishes between two types of educational records, "student information" and "directory information."

(B) Faculty & Staff records

(C) Patient Records/Humans as Research Subjects

MIT Medical Health Plan manages its own set of patient records. However, the definition of “patient” records can be interpreted more broadly, and these types of records relating to research experiments may be included either in papers of faculty heading research projects, or in the administrative collection of a lab. Federal and state laws apply to patient and medical records.

(D) Gifts Records

Individuals, foundations, and businesses are routinely approached by the Resource Development staff at MIT who are seeking “gifts” or financial donations. Any preliminary interaction of this nature between MIT staff and an outside party is restricted because of privacy concerns. As donations are actually made, information may turn up in records of departments, building or planning records, as well as in the more usual places—records of the Resource Development Office, records of the President, records of the Chairman of the Corporation. In particular, note if individual names are on lists.

(E) Personally Identifiable Information (PII) / Personal Information Requiring Notification (PIRN)

PIRN is an MIT acronym, which is currently equivalent to “personal information” under MA 201 CMR §17, and is defined in the WISP as a person's first name and last name or first initial and last name in combination with any one or more of the following data elements that relate to such a person: Social Security number (SSN), driver’s licence number/state issued ID number, financial account number, or debit/credit card number.

50 Year Restrictions (Corporation Records)

Corporation records are restricted for 50 years:

• Chairman of the Corporation

• Vice-President and Secretary of the Corporation

The President, Secretary, and Treasurer are ex-officio members of the Corporation and its Executive Committee. The Provost and the Executive Vice President also attend the Corporation Executive Committee meetings. Collections created in the Office of the Treasurer, Office of the President, Office of the Provost, Office of the Executive Vice President are likely to contain some Corporation activity folders, and need to be checked for the 50 year restriction.

Between quarterly meetings, the Corporation functions through its officers and its Executive Committee.

The Corporation appoints visiting committees for each department and for certain of the other major activities of the Institute. These committees, whose members are leaders in their respective professions, make recommendations to the administration concerning departmental activities and in turn provide counsel to the departments.

Where are restricted records found?

Restricted records can be found in two places

1) Administrative collections (AC numbers)

This is the primary location for restricted Institute records.

2) Manuscript collections (MC numbers)

Personal papers of an individual may contain series of Institute records if that individual functioned in some administrative role (committee work, promotion decision, department head) during their tenure at MIT.

see: Examples of Restrictions found in Faculty papers

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Student Information
– 75 Year Restriction

(FERPA refers to these as Education Records)

Retain and restrict, but only if it is the record copy and designated as a permanent record.  
Remove student papers, grades, and examinations with student names.
Remove and destroy letters of recommendation, except from faculty papers collections.

Additional Resources

Registrar’s Office: Records privacy & access 

MIT Policies & Procedures: Section 11.3 Privacy of Student Records

Disciplinary records: MIT Committee on Discipline 

FERPA (Family Educational Rights and Privacy Act) a.k.a. “Buckley Amendment”

 Archives record schedules: “Record” copy and permanent record schedule

Personnel Records
– 75 Year Restriction

Retain, but only if it is the record copy and designated as a permanent record.
Restrict names on container lists.
If not a record copy, destroy (shred).

MIT Human Resources: Guidelines for Retaining Personnel Files

MIT Employment Policy Manual 

MIT Policies and Procedures Manual 

Archives record schedules: “Record” copy and permanent record schedule

Medical, Experiment Records
– 75 Year Restriction

Determine what kind of record it is.

• Is it the record copy?
• Are there laws regarding retention?
• What are MIT needs?

Restrict names on lists. Speak with Archivist for Collections on final decisions.

Additional Resources

MIT Policies & Procedures: Section 14.3 Research on Human Subjects 

COUHES (Committee on the Use of Humans as Experimental Subjects) 

COUHES: HIPAA Guidance Document

Massachusetts state law (MGL ch.111, s. 70)  

U.S. law –CFR section 45 Code of Federal Regulations

Archives record schedules: “Record” copy and permanent record schedule

Legal Records
– 75 Year Restriction

 Is it the record copy?

• If record copy, mark for restrictions, especially when within another collection.

• If not the record copy, speak with Archivist for Collections on retaining or not.

Additional Resources

MIT. Policies and Procedures Manual