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Public Information on Private Device

A current or former Board member or employee of TSBVI who conducts public business on a privately owned device creates a government record.  Such data is public information that must be maintained for the full retention period by: 

  1. Forwarding or transferring the public information to the School’s Director of Information Resources or to be preserved on the School’s server as required by Government Code 552.004(a); or
  2. Preserving the public information in its original form in a backup or archive and on the privately owned device for the time described under Government Code 552.004(a) which is 2 years for email and other correspondence.

The trustee or employee remains the “temporary custodian” of all such records.  Any government records created or received by a temporary custodian belong to the government employing them or for which they serve.  Upon request by the public information officer, the trustee or employee must surrender that information within 10 days.  See Government Code 441 and Penal Code Section 37.10 (Tampering with Governmental Records). 

Gov’t Code 522.004(b) [See GB]

Adopted:         1/31/20