- Created by Chris Tanguay, last modified on Sep 02, 2021 17:00
You are viewing an old version of this page. View the current version.
Compare with Current View Page History
« Previous Version 17 Next »
75 Year Restrictions
Student Information
(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.
Examples | Likely Locations |
---|---|
|
|
Additional Resources on Student Records
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
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).
Examples | Likely Locations |
---|---|
|
|
Additional Resources on Personnel Records
MIT Human Resources: Guidelines for Retaining Personnel Files
MIT Policies and Procedures Manual
Archives record schedules: “Record” copy and permanent record schedule
Medical, Experiment Records
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.
Examples | Likely Locations |
---|---|
|
|
Additional Resources on Medical and Experiment Records
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
Donor And Gifts Records
Appraise, if permanent, restrict.
Restrict names on container lists.
Examples | Likely Locations |
---|---|
|
|
50 Year Restrictions
MIT Corporation Records
Is it the record copy?
If record copy, mark for restrictions, especially when within another collection.
If not, speak with Associate Head for Collections on retaining or not.
Examples | Likely Locations |
---|---|
|
|
It Depends!
Legal Records
Depending on the type of legal record, restriction times may vary.
Open
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)
20 Year Restriction: Work Product Materials
- Drafts of briefs or other court documents
Correspondence and memoranda, e.g. with cooperating attorneys discussing strategy or other issues related to the case (just make sure it does not contain private information from the client)
- Other materials prepared for a case, such as notes on related cases, research papers/memos, etc.
75 Year Restriction: Attorney-Client Privilege Materials
- Correspondence and other methods of information-sharing with the client, unless it is routine or explicitly non-confidential
- Correspondence between cooperating attorneys if it includes private information from/about the client
- Correspondence with the court or with attorneys on the opposite side of the case that recounts information from the client not revealed in court or that discusses settlement
Examples | Likely Locations |
---|---|
|
|
Law firms used by MIT include Palmer and Dodge and Herrick and Smith. Correspondence with these firms is likely to be restricted.
- No labels