75 Year Restrictions

Student Information / Education Records

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."

Instructions

• 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.

Personnel Records 

Instructions

• Determine if it is the record copy
  • If yes, and designated as a permanent record

• • , retain
  • If

• • no, destroy (shred)

• Redact any names in ArchivesSpace

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.

Instructions

• Determine what kind of record it is.
  • Is it the record copy?
  • Are there laws regarding retention?
  • What are MIT needs?

• Speak with Archivist for Collections on final decisions for appraisal.

• Restrict any names in ArchivesSpace

Donor And 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.

Instructions

• Appraise
  • if permanent: Retain and mark for restrictions.
  • if not: Destroy (shred)

• Restrict names on container lists.

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 license number/state issued ID number, financial account number, or debit/credit card number.

Instructions

• Appraise. 
  • If permanent, mark for restrictions and retain.
  • If not: Consult gift agreement (if MC collection) and deaccession accordingly

50 Year Restrictions

MIT Corporation Records

Records created by MIT's Corporation are restricted for 50 years. 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. The Corporation appoints also visiting committees for each department and for certain of the other major activities of the Institute. Reports of the visiting committees may also be found in the records of Deans and Departments.

Summations of MIT Corporation activities or Visiting Committee reports (such as within the meeting minutes of the Academic Council) follow the access policy for the records which they are contained.

Instructions

• Determine if it is the record copy

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

  • If not, speak with Associate Head for Collections on retaining or not.

20 Year Restriction

Institute records that have been transferred to the Department of Distinctive Collections are typically closed for a period of 20 years from the date of their creation. The exception is Institute records that were published by their creator(s) (e.g. press releases, speeches, public websites), which are open for research immediately.

It Depends!

Legal Records

Depending on the type of legal record, restriction times may vary. 

Open: Public Documents

• • Most court records (briefs, transcripts, exhibits, opinions, etc.) If the document was published in court, it’s probably open, but keep an eye out for the following:

    • records sealed by the court (these will usually have a stamp that says "sealed" or "confidential")

    • settlement negotiations

    • exhibits that reveal personal information (e.g. the name of a client who was represented anonymously)

  • Media coverage about a case (press releases, news clippings)