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Social Media Records Management Session 6 of 7 on records management This training does not constitute a legal opinion or legal advice on the part of the Library, Archives and Public Records Branch, of the Secretary Of State.

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Page 1: Social Media Records Management - azlibrary.gov · Social Media Records Management Session 6 of 7 on records management This training does not constitute a legal opinion or legal

Social Media Records Management

Session 6 of 7 on records management

This training does not constitute a legal opinion or legal advice on the part of the Library, Archives and Public Records Branch, of the Secretary Of State.

Presenter
Presentation Notes
This is Session #6 of Seven dealing with Records Management. Today’s session is titled, Social Media Records Management. Other Trainings in this Records Management cycle include: Session #1 - Records Management Statutes and Practices Session #2 - Public Records Statutes and Practices Session #3 - Records Retention and Disposition Session #4 - Records of Enduring Value (Historic) Session #5 - Electronic Records Management And Session #7 – Email Records Management.
Page 2: Social Media Records Management - azlibrary.gov · Social Media Records Management Session 6 of 7 on records management This training does not constitute a legal opinion or legal

Presenters

Kurtis Chandler Records Analyst

Archives and Records Management Branch

Ruben Vargas Records Analyst

Archives and Records Management Branch

Timothy Provenzano

Records Analyst Archives and Records Management Branch

Presenter
Presentation Notes
I am Kurtis Chandler and I am being joined today by Ruben Vargas and Timothy Provenzano. Together we will bring you todays session, Social Media Records Management. Thank you for attending. Lets get started!
Page 3: Social Media Records Management - azlibrary.gov · Social Media Records Management Session 6 of 7 on records management This training does not constitute a legal opinion or legal

LAPR Website

www.azlibrary.gov

Presenter
Presentation Notes
This is a screenshot from the Main Page of the LAPR Website, www.azlibrary.gov
Page 4: Social Media Records Management - azlibrary.gov · Social Media Records Management Session 6 of 7 on records management This training does not constitute a legal opinion or legal

LAPR Website

www.azlibrary.gov

Presenter
Presentation Notes
This is a screenshot from the Main Page of the LAPR Website, www.azlibrary.gov
Page 5: Social Media Records Management - azlibrary.gov · Social Media Records Management Session 6 of 7 on records management This training does not constitute a legal opinion or legal

Archives and Records Management Center Website

Presenter
Presentation Notes
This is a screenshot of the main Archives and Records Management Webpage. You will find the following resources on our website: General Retention Schedules, Training Opportunities, Standards and Guidance relating to RM, and information on Public Records Request Laws and processes. -
Page 6: Social Media Records Management - azlibrary.gov · Social Media Records Management Session 6 of 7 on records management This training does not constitute a legal opinion or legal

Pre-Session Quiz 1. Does your Public Body use Social Media?

• If yes, why? • If no, why not?

2. Is your Public Body Facebook page a record?

• If yes, why? • If no, why not?

3. What are the three biggest benefits of social media for

your public Body? 4. What do you think are the three biggest challenges

with managing social media?

Page 7: Social Media Records Management - azlibrary.gov · Social Media Records Management Session 6 of 7 on records management This training does not constitute a legal opinion or legal

Pre-Session Quiz 5. Is your Public Body currently managing its social media content?

o If yes, who is doing this? o If yes, how is it doing this?

6. Are there RM risks to social media?

• If yes, what are some of them? 7. Is your Public Body currently providing employee training on social media? 8. Does your Public Body have a Social Media Policy? 9. Given all the problems with managing social media, should your Public Body NOT be on social media?

Page 8: Social Media Records Management - azlibrary.gov · Social Media Records Management Session 6 of 7 on records management This training does not constitute a legal opinion or legal

Social Media • Facebook • LinkedIn • Twitter • YouTube • Google • Skype • GovLoop • and many more

Presenter
Presentation Notes
This graphic is already woefully out of date, and it is still fairly recent. The major players in Social Media change rapidly, and the number of players grow at the same rapid pace. Does anyone remember Myspace? Is anyone still using Myspace? Facebook is already falling out of vogue with younger users. What social media type is going to be the next Facebook or Twitter?
Page 9: Social Media Records Management - azlibrary.gov · Social Media Records Management Session 6 of 7 on records management This training does not constitute a legal opinion or legal

Is Social Media a “Record”?

41-151.18. Definition of records In this article, unless the context otherwise requires:

• "records" means all books, papers, maps, photographs or other documentary materials,

• Regardless of physical form or characteristics, • Made or received by any governmental agency in

pursuance of law or in connection with the transaction of public business

• As evidence of the organization, functions, policies, decisions, procedures, operations or other activities of the government, or because of the informational and historical value of data contained in the record, and includes records that are made confidential by statute.

Presenter
Presentation Notes
One of the most important statutes governing Records Management is this one, which provides a definition for “record.” We have a very broad definition of the term “record” in the State, and we are very pro-access to public records. Our definition is 150 words long, and includes 50 words on what is NOT a record. This statute was first passed in 1958. If you didn’t get to experience life in 1958, perhaps you have seen the movie, American Graffiti, or watched the TV series Happy Days. If so, you have a good idea that life in the US in 1958 looked nothing like life in the 2010’s. The major formats for records were paper, photographs and microfilm. The only option you had for “connectivity” was your telephone, which was not “mobile” and you probably shared a “party line,” which had nothing to do with politics. The statute begins by sounding very paper based: “records means all books, papers, maps, photographs or other documentary materials”. Then, you have the phrase, “Regardless of physical form or characteristics,” which broadens the law beyond paper. This tells us that it no longer matters what the information “looks” like. What matters is whether the content and intent of the information meets the rest of the definition. So, think about all the papers you have on your desk, all the emails you have in your inbox and subfolders, and all the data you have in databases, shared folders, public and private drives, on thumb drives, CDs and DVDs, etc. All that information can be a record if it meets the rest of the definition. Notice, in green, that records are “made or received”, which is what we as public bodies do – we create records and information and we receive records and information. Finally, the heart of the definition is in Blue. Think about all your paper, your emails, your data, and pass it through the following sieve: If all that information could be used as evidence of your organization, its functions, policies and decisions and procedures, its operations and, in case we forgot something, “other activities of the government, or because of the informational value, or because of the historical value, then that information and data is a record. A lot of the papers, emails and data we deal with are going to fit this definition. Is what you are receiving or creating work related? Then it is probably going to be a record.  Here is a summary of the major changes: 1. 1958 – “Records” First legislated 1958, Ch. 98, added a new Article 1.1, “Board of History and Archives” to Title 41, Chapter 4.  It included ARS 41-723, “Records”, which was basically a definition paragraph. 2. 2011- LAPR moved to Secretary of State (SOS) and statutes renumbered 3. 1974 - Added phrase dealing with “imaging” 4. 1985 – Updated “imaging” to include electronic media    
Page 10: Social Media Records Management - azlibrary.gov · Social Media Records Management Session 6 of 7 on records management This training does not constitute a legal opinion or legal

Benefits of Social Media: Why, Who, Where

Session 6 of 7 on Records Management

Presenter
Presentation Notes
I would like to begin our session by examining a couple of interesting charts that breakdown which users in the public are utilizing social media, and which sites are they flocking to.
Page 11: Social Media Records Management - azlibrary.gov · Social Media Records Management Session 6 of 7 on records management This training does not constitute a legal opinion or legal

Benefits of Social Media

Presenter
Presentation Notes
We know what social media is, but who are the players. 2015 Chart of SM leaders. Benefits? Well, as the graph says, it’s very diversified. You can reach old, young, working, retired, private organizations, government, other countries even astronauts on the ISS. In 2015 the class leader was Facebook by a large margin.
Page 12: Social Media Records Management - azlibrary.gov · Social Media Records Management Session 6 of 7 on records management This training does not constitute a legal opinion or legal
Presenter
Presentation Notes
2016 Chart of social media leaders. In just one year Adult Facebook users have risen to 79% from 71% while everyone else is scrambling for position behind. Instagram rose to 2nd, Pinterest to 3rd, LinkedIn has dropped to 4th even though it gained users to 29% and Twitter still hovering around at the bottom.
Page 13: Social Media Records Management - azlibrary.gov · Social Media Records Management Session 6 of 7 on records management This training does not constitute a legal opinion or legal

Where Does Your Audience “Hang Out” ? the Numbers Game?

http://pinterest.com/pin/112097478197769776

Presenter
Presentation Notes
This is an interesting graph and helps us know where the most users are concentrated, so we can scale our social media use accordingly. Notice, that Facebook is now, or was, #1, and YouTube is a fairly close second. Where is Myspace? Anyone? Ferris?
Page 14: Social Media Records Management - azlibrary.gov · Social Media Records Management Session 6 of 7 on records management This training does not constitute a legal opinion or legal
Presenter
Presentation Notes
Internet users: 18 – 29 30 – 49 50 – 64 65 – Older
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WHERE DOES YOUR AUDIENCE “HANG OUT”?

http://pinterest.com/pin/112097478197769776/

Presenter
Presentation Notes
This next chart is very helpful if we know our audience well enough by age, and are able to focus on the social media platform that is being used most by that audience. If your audience is in the 45-54 age range, then you will want to target LinkedIn and Pinterest. If your target audience is the 18 – 24 crowd, you will want to focus on Reddit or Google +.
Page 16: Social Media Records Management - azlibrary.gov · Social Media Records Management Session 6 of 7 on records management This training does not constitute a legal opinion or legal
Presenter
Presentation Notes
Over the last couple years we can see how this has changed. The 18 – 24 bracket has shifted to Snapchat while the 45 – 54 people are Facebook and LinkedIn.
Page 17: Social Media Records Management - azlibrary.gov · Social Media Records Management Session 6 of 7 on records management This training does not constitute a legal opinion or legal

http://www.smartinsights.com/social-media-marketing/social-media-strategy/new-global-social-media-research/

Presenter
Presentation Notes
One other chart I found interesting is this chart about social platform usage by country. This chart lists the percentage of Internet Users who have visited /used these platforms within the last month of 2015. Which month? IDK. But what’s interesting to me is where the USA ranks in these major platforms. Indonesia, Philippines, Mexico, India and Brazil are in the top 10 for each with significantly higher levels of use than the US, UK and European countries. If you can’t see, the platforms are Facebook, YouTube, Twitter and Google Plus. So, yes you may have the potential of reach 100million people, but will they really care about what you have to say? http://www.smartinsights.com/social-media-marketing/social-media-strategy/new-global-social-media-research/
Page 18: Social Media Records Management - azlibrary.gov · Social Media Records Management Session 6 of 7 on records management This training does not constitute a legal opinion or legal

Primary Uses of Social Media by Government

Share Inform citizens of public services through social content (result: increased access to information)

Listen Observe, analyze and understand what citizens are sharing (result: improved customer service) Engage Respond, collaborate and create with citizens to improve public services (involve the community directly in government decision making)

Presenter
Presentation Notes
There are three primary uses by government bodies of social media: A great tool for Sharing, which helps keep citizens informed in the location where they are gathering. No more waiting for the public to come to our offices. We need to go to them, and Social Media is a great platform for this. A great tool for Listening to the public and Engaging them. Again, social media use by public bodies is the way to reach the public where they already are, not where we want them to be, but they aren’t.
Page 19: Social Media Records Management - azlibrary.gov · Social Media Records Management Session 6 of 7 on records management This training does not constitute a legal opinion or legal

Benefits of Social Media for Public Bodies

• Provide greater transparency • Reach citizens where they are

(online) • Provide easier access to services

and information for citizens • Save time

o word of mouth advertising o allowing citizens to answer questions for one another)

• Save money (otherwise spent on print materials and phone calls)

Presenter
Presentation Notes
Additional benefits of social media use for public bodies include: Provide greater transparency and openness for public bodies via the use of this public tool Provide easier access to services and information for citizens Save time by way of word of mouth advertising and by allowing citizens to answer questions for one another And, Save staff time and money which would otherwise have been spent on print materials and phone calls
Page 20: Social Media Records Management - azlibrary.gov · Social Media Records Management Session 6 of 7 on records management This training does not constitute a legal opinion or legal

Primary Objective in Using Social Media

Results of GovLoop survey with 100 respondents from federal, state, city, and county governments. Source: GovLoop “The Social Media Experiment in Social Media: Elements of Excellence.”

Presenter
Presentation Notes
There was a survey taken of Federal, State and Local Agencies, and this slide shows us the primary objectives cited for using social media. The biggest objective by far, at 85%, is to distribute information. Our websites used to be one of our primary tools for distributing information, but social media has taken over that task. A distant second, at 31%, is the have a conversation with the public. I find these results very interesting, for a couple of reasons: when you consider that the primary personal use of social media is to facilitate communications among users of social media, its makes me wonder why public bodies are not using social media primarily as a communications tool. Instead, public bodies are primarily using social media as a means of pushing out information, which is a very one-sided view of social media. Why is the public body use of social media different from the personal use of social media? One reason may be the public records requirements and record management responsibilities that public bodies have and the general public does not have. Another reason may be resources: If public bodies were to use social media to its fullest extent, it would require a commitment of both people and finances A public body communicating via social media would be at a scope that would almost certainly require the purchase of tools to facilitate compliance.
Page 21: Social Media Records Management - azlibrary.gov · Social Media Records Management Session 6 of 7 on records management This training does not constitute a legal opinion or legal

Demonstrable Mission Impact

Results of GovLoop survey with 100 respondents from federal, state, city, and county governments. Source: GovLoop “The Social Media Experiment in Social Media: Elements of Excellence.”

Presenter
Presentation Notes
This next graph, from the same survey of public bodies, details the impact social media use has on government. The biggest impact, at 86%, is one that would be mirrored by private use of social media: to have a broader reach. A not so close second, at 53%, is the efficient exchange of information. As we have discussed earlier, public bodies have decided to create a storefront in the places where the public are already gathering, and that is social media platforms.
Page 22: Social Media Records Management - azlibrary.gov · Social Media Records Management Session 6 of 7 on records management This training does not constitute a legal opinion or legal

Patricia C. Franks, PhD, CRM (From presentation to NAGARA - Indianapolis, given on July 12, 2013)

WHAT GOVERNMENT DIVISIONS ARE USING SOCIAL MEDIA?

Presenter
Presentation Notes
This next slide shows us which Departments in your public body are most likely to be using social media. As a Records Officer, you might want to begin getting a better handle on social media records management by talking first with these Departments: The largest user of social media is our Communications or Public Information Offices, at 81%. The next largest use of social media is our Public Safety and Law Enforcement Offices, at 35%. Parks and Recreation come in third and Community Planning comes in fourth. Then again, these are 2013 numbers.
Page 23: Social Media Records Management - azlibrary.gov · Social Media Records Management Session 6 of 7 on records management This training does not constitute a legal opinion or legal

Question #4: What are Some of the Challenges of Social

Media Session 6 of 7 on Records Management

Presenter
Presentation Notes
Let’s move from a general examination of social media to a look at some of the Records management related challenges to social media.
Page 24: Social Media Records Management - azlibrary.gov · Social Media Records Management Session 6 of 7 on records management This training does not constitute a legal opinion or legal

The “Place" of Public Records

Why Mix Social Media and Records Management?

Isn’t Inherent Transparency of Social Media

Enough?

Are Openness and Transparency the only responsibilities of Government?

Presenter
Presentation Notes
In this age of increasing openness of government, some wonder why we need additional constraints on social media. Why Mix Social Media and Records Management? Isn’t the Inherent Transparency of Social Media Enough? Are Openness and Transparency the only responsibilities of Government? We will examine these questions in the next series of slides as we look at our Records Management responsibilities for social media records.
Page 25: Social Media Records Management - azlibrary.gov · Social Media Records Management Session 6 of 7 on records management This training does not constitute a legal opinion or legal

Duties of All Public Bodies and Employees for Retention & Preservation

Establish and maintain an active, continuing program for the economical and efficient management of the public records of the agency. ARS 41-151.14(A)(1)

Presenter
Presentation Notes
One of the main statutes that impacts social media, from a records management perspective, is this one: ARS 41-151.14 All public bodies are required, by statute, to: Establish and maintain an active, continuing program for the economical and efficient management of the public records of the agency. This includes, of course, any records created or received through the use of social media.
Page 26: Social Media Records Management - azlibrary.gov · Social Media Records Management Session 6 of 7 on records management This training does not constitute a legal opinion or legal

Who is Managing all that Stuff?

Questions to think about:

• What is the difference between data and records?

• Whose “responsibility” is it to provide Records Management service to their customers?

• Who is in the best position to “manage” electronic records?

• Is the creator of the content / record?

• Or, is the “post-er” of the content / record?

• Why do these questions matter?

Presenter
Presentation Notes
Before we get into the issue of websites and the cloud, I would like to have us think, for a moment, about all the different types of electronic records and information, or stuff, that we as public bodies have floating around in various places. I’m talking about our websites, our social media sites, our videos on YouTube, our emails, and texts and all of the other electronic stuff that is out there. Who is managing all of this stuff? Do you know the name of the person at your public body that is managing all of this electronic content, electronic records, stuff? The reason I ask this is because most of us aren’t asking this important question at our public body. All of this information is more than data, more than stuff. All of this can be records, and needs to be managed like any other records. But, because we aren’t asking these questions, the answer is probably, No one is managing all of this stuff? We all think that someone else is managing this stuff, but that is probably not true. If you are not an IT employee, and you are asked the question, “Who is managing all of this electronic stuff”, you may be tempted to answer, “IT”. IT is probably thinking that the information users and creators are managing all of this stuff. We all believe that someone is managing it all, but will probably discover that no one is managing all of it. Who’s responsibility is it, at your public body, to manage electronic records? Who is in the best position to manage electronic records? What is IT’s role in electronic records? Are they the manager of the content, or are they managing the software and hardware and systems that hold all of this content? Or, is IT merely posting the content and you are creating or receiving the content and asking them to post it to the web, or Facebook, or YouTube? Shouldn’t the individuals creating all of this content be the one tasked with managing the content they create?
Page 27: Social Media Records Management - azlibrary.gov · Social Media Records Management Session 6 of 7 on records management This training does not constitute a legal opinion or legal

RM Questions For Content Management

Important RM Concept for all forms of Electronic Communication:

• Is Content in Communication a Copy? • Is that content (of original not copy) being

retained and managed (from RM perspective) elsewhere?

• Is Content Unique information? • Is Unique Content being retained and

managed (from RM perspective)? • Why do these questions matter?

Presenter
Presentation Notes
When thinking about all of the electronic content we have floating around in various places, it is helpful to ask a couple of other questions after you have asked, “Who is managing all of this stuff”? Is this electronic content original and unique, or is it a copy of information that exists elsewhere? Copies of information do not need to be managed since they are not records. BUT, do not keep longer than the original. If the electronic information, or Record, is being managed elsewhere, then no need to worry about copy. If original Record is NOT being managed, then original or copy NEEDS to be retained and managed. If Content is Unique, it is not a copy. If unique content meets definition of a “record” (ARS 41-151) then it must be retained and managed. Is the system containing unique content (blog, social media, website, messages, etc.) capable of retaining and managing content? If the content is unique, and it is contained in a system that is not able to manage its retention, then you will need to create a copy of that information and manage it in a system that can retain the record for the appropriate retention period.
Page 28: Social Media Records Management - azlibrary.gov · Social Media Records Management Session 6 of 7 on records management This training does not constitute a legal opinion or legal

When is Social Media Not So Social?

Challenges with Social Media Records:

A.R.S. require we (government) control (manage) our records during their entire retention period.

Social Media sites provide little to no tools to help

manage YOUR records on THEIR sites. Who controls the content on Social Media sites? ______________________________________________________________________________________________________________________

= Challenges to compliance with RM Statutes.

Presenter
Presentation Notes
Social Media, for public bodies, is challenging if you don’t have a tool to help you manage the records created or received through the use of social media. Arizona law requires that public bodies manage their records and that they maintain custody over their records. Social Media sites provide little to NO help in the way of records management tools. Sometimes, even ownership and responsibility for the content is disputed among the Users and social media sites. If you are a public body that uses social media as an integral part of your business, you will find yourself in the position of needing to pay for a social media tool to help you with records management compliance.
Page 29: Social Media Records Management - azlibrary.gov · Social Media Records Management Session 6 of 7 on records management This training does not constitute a legal opinion or legal

SOCIAL MEDIA OVERLAP

Presenter
Presentation Notes
This chart represents precisely the reason why social media use in public bodies poses risks from records management and compliance perspectives. Many of us use social media at home, in our personal lives. We are familiar with the PERSONAL use of social media, which is VERY different from the public use of social media. It is our personal use of social media, and the differences between our public use of social media that raises both concerns, risks, and the need for a solid social media policy and procedures.
Page 30: Social Media Records Management - azlibrary.gov · Social Media Records Management Session 6 of 7 on records management This training does not constitute a legal opinion or legal

Social Media Virgins Beware! 1. If You Post it, You Own It

• Whatever content / records government bodies post to Social Media sites belongs to the public body and NOT to the Social Media site - from a Records Management point-of-view.

2. If You Own It, You Manage It • If you post something to any Social Media site, and the posting

(words, pics, video, etc.) is work-related, then you have a statutory responsibility to retain the posted information for the approved & correct retention period.

• Link to Social Media Records Retention Schedule: • http://www.azlibrary.gov/records/documents/pdf/all%20-

%20email.pdf

3. If You Created It, You Own It • The Creator of any content being posted to social media sites (or

other websites) needs to be responsible for the proper retention of the content they created.

Presenter
Presentation Notes
You can start by assessing your public body’s social media needs from three interrelated angles: First, you need to know the statutory responsibilities for records management that public bodies need to comply with, as they relate to social media records. Secondly, you need to be aware of what the available tools you have (for free or for purchase) can do to help you meet your statutory obligations for social media records. Thirdly, you need to know where your tools fall short in light of the statutes, and build a work around to be in full compliance. OR, purchase a tool that will cover the shortcomings needed. AND, you need to be aware of the following: #1. If You Post it, You Own It Whatever content public bodies post to, or receive from Social Media sites belongs to the public body and NOT to the Social Media site #2. If You Own It, You Manage It If you post something to any Social Media site, and the posting (words, pics, video, etc.) is work-related and meets the statutory definition of a record, then you have a statutory responsibility to retain the posted information for the approved & specific retention period.  Please make sure that the only copy of a record does not exist solely on the social media site. Facebook is not going to manage your records for you. YouTube has no retention solutions for the videos you post, so you need to have the official records on-site, where it can be properly managed. #3. If You Created It, You Own It The Creator of any content being posted to social media sites (or other websites) needs to be responsible for the proper retention of the content they created.
Page 31: Social Media Records Management - azlibrary.gov · Social Media Records Management Session 6 of 7 on records management This training does not constitute a legal opinion or legal

You’ve Got the Power - at least some

4. Unique vs. Copy • Copies Are Not Records. As such, copies do not need to be

managed. • Avoid posting any unique or original content to social media

sites. Post only copies of information being managed elsewhere by a specific person responsible for its retention. This is especially grievous with Videos posted to YouTube, and the like.

5. “Blogs and Wall Posts, Oh My!” • These are the two most likely areas for Unique content that will

need to be managed.

6. Email All Wall Posts • Make sure you set up your social media site to generate an email

to your designated email account (ex. [email protected]) whenever anyone posts a comment to your wall. You can then manage that email for retention since you cannot manage the retention on your social media site.

Presenter
Presentation Notes
#4. Unique vs. Copy Copies Are Not Records. As such, copies do not need to be managed. If you do not have the proper tools to manage your social media records, then Avoid posting any unique or original content to social media sites.  Post only copies of information being managed elsewhere by a specific person responsible for its retention. If social media is integral to the business of your public body, then make sure you have the tools, free or purchased, to help you manage your social media records and comply with statute. #5. “Blogs and Wall Posts, Oh My!” These are the two most likely areas for Unique content that will need to be managed. If you have public employees that are blogging, they need to be aware of their records management responsibilities for that unique content. If you are receiving wall posts on your social media site, you need to manage those unique records. #6. Email All Wall Posts Some social media sites allow you to use email to help manage wall posts. Make sure you set up your social media site to generate an email to your designated email account (ex. [email protected]) whenever anyone posts a comment to your wall.  You can then manage that email for retention since you cannot manage the retention on your social media site. But, be aware of the limitations social media provides with this service. AND, #7. Email All Posted Content When you post information to your social media website, copy the designated email account (ex. [email protected]) on that email.  This gives you some way of tracking what was on your Social Media site at what time.
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Social Media Challenges (Archivesocial Graphic)

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Public records requests (Archivesocial graphic)

Page 34: Social Media Records Management - azlibrary.gov · Social Media Records Management Session 6 of 7 on records management This training does not constitute a legal opinion or legal

What Records Managers Need to Know About Social Media

Session 6 of 7 on Records Management

Presenter
Presentation Notes
As Records Officers in charge of the Records Management Program for your public body, you need to be aware of, and knowledgeable about a wide range of records being created or received by your public body. Let’s take some time to look at what Records Officers should know about Social Media, and how Records Officers can impact social media.
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What’s the ROI on Records Management?

The benefits of having a good Records Management Program in place: Financial Benefits: Save money and resources previously being spent on storing records

(physical floor space, server space, off-site storage): Save money and resources for records no longer needed:

spent in searching for, retrieving, copying, producing or redacting records in response to requests

Risk Management Benefits: If you have the information, you need to provide it for Public Records Request,

Audit, Investigation, Litigation If you don’t have the information because you destroyed it per a Retention

Schedule, you are legally OK. Caveat: records were not destroyed in the face of a Public Records Request,

Audit, Government Investigation or Litigation. Process Improvement Incorporating Records Management into document workflows Converting paper records into move usable electronic formats Properly indexing electronic records for easier retrieval Consolidating physical records into one convenient location with better shelving

and storage

Presenter
Presentation Notes
Minimize Risk: Why “prompt and orderly disposal of records”? 1. Risk Management: There is a risk to keeping records longer than needed. 2. Costs to the Public: We are required to have an “efficient and effective” records management system. Keeping records longer than needed means the public is paying for the storage, retrieval, use, etc. of records that are no longer needed by the public bodies per approved RS.
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Overview of What RM needs to Know

• Become familiar with Social Media • Understand the value to the organization and subunits • Become involved from the start (RIM reference should be in

every social media policy) • Set strategic plan to handle social media records

o both static and dynamic, o including the people, objectives, strategies and technologies

• Be sure provisions are made for transfer or in place preservation

• Continue to audit results and evaluate processes • Update your plan as necessary • Scan the horizon for the next new technology that results in

records that must also be captured and managed—It’s sure to come

Patricia C. Franks, PhD, CRM (From presentation to NAGARA - Indianapolis, given on July 12, 2013)

Presenter
Presentation Notes
As Records Officers, we need to be aware of your public body’s use of social media, and: Become familiar with Social Media, how it works, its records management limitations, and where it fits in terms of compliance to the Records Management statutes. We need to Understand the value social media brings and provides to your public body. We need to Become involved from the start, including creating a RIM requirements section in your public body’s Social Media Policy. As Records Officers, we should work very hard to ensure there is a solid RIM component to every policy that impacts records. Set forward a strategic plan to handle social media records that are both static and dynamic, and includes the people, objectives, strategies and technologies necessary to be successful in your use of social media. We need to Continue to audit results and evaluate processes for continued use of social media. Finally, we should always be Scanning the horizon for the next new technology that will impact our records, and the manner in which they are created, captured and managed, because change is both inevitable and continuous.
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If Answer is YES to Any of the Following, your SOCIAL MEDIA Must be

Supported by Recordkeeping Framework • Is a high risk or strategic business moving to (using) social

media?

• Are business or client management decisions being made or communicated via social media?

• Are internal processes that were formerly supported by defined processes or workflows now moving to social media?

• Will clients rely on information posted to social channels?

• Will corporate reporting or accountabilities rely on the information posted to social media?

• Will any of the content being used on social media channels be reused?

o Patricia C. Franks, PhD, CRM (From presentation to NAGARA - Indianapolis, given on July 12, 2013)

Presenter
Presentation Notes
How do you determine is your public body’s use of social media is significant enough to require the involvement of Records Management? If you answer “Yes” to the following questions, you need to ensure that records management is part of the complete plan for social media use at your public body: Is a high risk or strategic level business unit moving toward social media use? Are business or client management decisions being made or communicated via social media? Are internal processes that were formerly supported by defined processes or workflows now moving to social media? Will clients rely on information posted to social channels? Will public body reporting or accountabilities rely on the information posted to social media? Will any of the content being used on social media channels be reused? If you answered yes to some of these questions, then you have two main needs: First, records management needs to be involved in the social media enterprise to ensure valuable records are being managed properly. Second, you will probably need to utilize a social media tool that has a built-in records management capability to efficiently and effectively manage social media records.
Page 38: Social Media Records Management - azlibrary.gov · Social Media Records Management Session 6 of 7 on records management This training does not constitute a legal opinion or legal

Develop a Defensible RIM Program

• Create and implement a records and information management (RIM) program.

• Consider legal retention requirements ‘before’ implementing social media initiatives.

• Publically state you will be capturing and keeping social media information you need to support your operations.

• Periodically delete ESI (Electronically Stored Information) according

to your “formal” retention policy.

• Enforce, evaluate, and update your Social Media and Records & Information Management polices and practices.

Patricia C. Franks, PhD, CRM (From presentation to NAGARA - Indianapolis, given on July 12, 2013)

Presenter
Presentation Notes
Closely related to the need for policies and procedures is our goal to build a legally defensible RIM program. Where social media is concerned, we need to incorporate the following: Incorporate social media into your already existing records and information management (RIM) program. Consider legal records retention requirements for social media records ‘before’ implementing social media initiatives, which is much easier to manage than after the horse is already out of the gate. Publically state you will be capturing and keeping social media records and information you need to support your operations. Periodically delete Electronically Stored Information, or ESI for short, according to your “formal” retention, privacy and security policies. Enforce, evaluate, and regularly update your Social Media and Records & Information Management polices and practices.
Page 39: Social Media Records Management - azlibrary.gov · Social Media Records Management Session 6 of 7 on records management This training does not constitute a legal opinion or legal

To Implement Social Media Recordkeeping

• Understand the specific risks that apply to social media

• Know what the organization is doing with social media

• Develop a social media information strategy

• Support social media use with a policy that supports recordkeeping

• Be proactive

• Keep abreast of emerging trends in social media systems and use o Patricia C. Franks, PhD, CRM (From presentation to NAGARA - Indianapolis, given on July 12, 2013)

Presenter
Presentation Notes
As Records Officers, we need to lend our expertise to the management of social media records. We can do that in the following ways: Understand the specific risks that apply to social media records, and be prepared to work around the inherent lack of records management capabilities in social media platforms. We need to Know what our public body is doing with social media, and what records are being created in the process We need to help Develop a social media information strategy that includes compliance with the records management statutes
Page 40: Social Media Records Management - azlibrary.gov · Social Media Records Management Session 6 of 7 on records management This training does not constitute a legal opinion or legal

Your Social Media Records Management Arsenal

Session 6 of 7 on Records Management

Presenter
Presentation Notes
As Records Officers in charge of the Records Management Program for your public body, you need to be aware of, and knowledgeable about a wide range of records being created or received by your public body. Let’s take some time to look at what Records Officers should know about Social Media, and how Records Officers can impact social media.
Page 41: Social Media Records Management - azlibrary.gov · Social Media Records Management Session 6 of 7 on records management This training does not constitute a legal opinion or legal

Social Media Solution: a Policy, a Matrix, and a Practice (RM) Components of a Fully Integrated RM Solution to Social Media: “4 Pillars” of Records Management

Retention Schedules Policies Training Documentation and Auditing

Social Media Matrix Implementation and execution (enterprise-wide) Software / Technology Solution Understanding the Solution? What is required in order to be in compliance? What your solution can and cannot do Need to create a workaround

Presenter
Presentation Notes
Given the challenges of managing social media records, and given the statutory mandates that public bodies manage, control and provide access to their records - You need to employ a robust social media solution. The 4 Pillars listed here will help protect your public body from isolated instances of individuals who practice records management “neglect or forget”. You need to have a Matrix You need to implement, execute and audit for compliance Your level of involvement may require the use of a purchased technology solution as part of your overall social media records management package. With any technology solution, however, you need to consider the following: You need to know what is required in order to be in compliance with Records Management Statutes, Regulations, Policies and Best Practices You need to know what your selected solution can AND cannot do to meet these requirements You may Need to create a workaround if your solution falls short of what is required. *There are a couple of slides in the deck that I am not going to discuss, but they will be good resources for you. I am now going to formally hand you off to Anil.
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Social Media Retention Periods

Social Media Records managed by content

Public Information and Marketing Records General Retention Schedule: http://apps.azlibrary.gov/records/general_rs/Public%20Information%20and %20Marketing.pdf

Presenter
Presentation Notes
The beginning point of managing social media records lies with how you answer these two questions: How do we determine if social media content is a record? AND, if it is a record, How long do we need to retain or keep social media records? The answer is in the content. Is the content business-related? If you answer, Yes, then you have a social media record. What is the subject matter of your social media content? This will determine how long you need to keep your social media records. Social Media Records are managed by the content, NOT by the format. The following is a Link to our Record Retention Schedule for Public Information and Marketing Records, which we will now look at in summary form next.
Page 43: Social Media Records Management - azlibrary.gov · Social Media Records Management Session 6 of 7 on records management This training does not constitute a legal opinion or legal

“How Long Do We Need to Keep Social Media Records?”

3 Main Retention Periods Retention Period: After reference value has been served Type of Record: Graphic Art (temporary / minor, draft) Retention Period: 2 years after calendar year created or received Type of Records: Advertising and Outreach Records, Broadcast Logs, Photographs, Press Releases, Public Event Records (including calendar), Public Service Announcements (PSA), Speeches Historical Records: Permanent. May Transfer to State Archives Type of Records: Graphic Art (Final version) Records of enduring value

Presenter
Presentation Notes
A Records Retention Schedule is nothing more than a timetable that details related types of information that is a record, and how long those records need to be kept, or retained. For Social Media records, there are three main retention periods: First, After reference value has been served, which covers Graphic Art that is developed for temporary or minor projects, or draft versions of Graphic Art. Second, 2 years after calendar year created or received, which covers the following types of content subjects: Advertising and Outreach Records, Broadcast Logs, Photographs, Press Releases, Public Event Records, including calendars, Public Service Announcements (PSA), AND Speeches Third, Permanent, which is specifically for historical records. This retention period covers Graphic Art, in its Final version, which is used for major representation of the public body and / or its services OR any Social Media records that have enduring or historical value. Public bodies may choose to Transfer permanent social media records to the State Archives.
Page 44: Social Media Records Management - azlibrary.gov · Social Media Records Management Session 6 of 7 on records management This training does not constitute a legal opinion or legal

Social Media Policy… Records Management Perspective

State and Understand Why You Are Using Social Media

Define the Roles and Responsibilities

Determine Who “Owns” the Content

“Use the Matrix, Luke”

Use the Terms of Use

Execution, Implementation, Compliance and Auditing

Presenter
Presentation Notes
Any organization, whether a public body or a private enterprise, absolutely NEEDS to have a Social Media Policy in place. One of the only things that protects your public body in the social media arena is a well-crafted Social Media Policy. The following subjects should be included in your Policy: Clearly State and Understand Why Your public body is Using Social Media Define the Roles and Responsibilities Social Media Gatekeeper – the one that manages or tracks the access to social media sites and the content on those sites Content developer Determine Who “Owns” the Content If You Post Something, You Own It! Content posted to social media sites is ALWAYS the responsibility of the public body that owns the social media account. If You Own It, You Must Manage It! There is no other choice when you look at the RM statutes. If You Created It, You are in the best position to Manage It “Blogs and Wall Posts are the two biggest sources of unique content. Use the Terms of Use – the Terms will protect you in the event of crude or foul language used in posts. And finally, “Use the Matrix, Luke” – which we will discuss next. NO Policy in the world will protect your public body if you have not trained on your policy, if you are not following the policy, and if you are not auditing your users for their compliance with the policy.
Page 45: Social Media Records Management - azlibrary.gov · Social Media Records Management Session 6 of 7 on records management This training does not constitute a legal opinion or legal

Key Aspects to Your Social Media Policy

• Identifying what constitutes a record on social media platforms

• Defining ownership of content and responsibility for managing the records

• Developing recordkeeping requirements

• Incorporating recordkeeping practices and requirements into Terms of Use

• Communicating records policies so employees and the public understand how records will be managed

• Monitoring the ongoing use of social media platforms to determine if that use changes the value of the records

• Monitoring any changes to third-party terms of use

Steve Adams (From presentation to NAGARA - Indianapolis, given on July 11, 2013)

Presenter
Presentation Notes
As we learned from the court case we examined, Eagle v. Morgan, known as the “On-line Persona” case, public bodies really need to have a policy that governs the use of social media from a social media perspective. Here are some of the components you will want to include in you Social Media Records Management Policy: You should begin with a section that Identifies what constitutes a record on social media platforms Clearly Define ownership of content and responsibility for managing the records Developing recordkeeping requirements build around Records Retention Schedules Communicating records policies so employees and the public understand how records will be managed Monitoring the ongoing use of social media platforms to determine if that use changes the value of the records Monitoring any changes to third-party terms of use Keep track of which employees are using social media, and maintain a copy of their Usernames and Passwords, in case the employees are terminated or leave your employment and you will need to have the ability to disable or repurpose the account.
Page 46: Social Media Records Management - azlibrary.gov · Social Media Records Management Session 6 of 7 on records management This training does not constitute a legal opinion or legal

Social Media Matrix Overall Goals of the Matrix: Map business (or unit) moving to social media

Map information moving to social media

Assess your information needs and expectations

Assess public accountabilities

Presenter
Presentation Notes
What is the Social Media Matrix, and what does it do for Your public body? The Matrix is your biggest way of tracking social media - Its Use, it’s Users, their Content, Sites, Access codes , and other tracking essentials. The Overall Goals of Your Matrix: Map Which Departments or Divisions are using social media. Track What business is moving to social media. Know What is being said about your public body on social media. That is, What is the message your public body is putting forth? The Ability to ensure Access to your content AND Assess your information needs and expectations Finally protect public responsibilities and accountabilities that are dependent upon the business information, known as records, on social media sites
Page 47: Social Media Records Management - azlibrary.gov · Social Media Records Management Session 6 of 7 on records management This training does not constitute a legal opinion or legal

Questioning the Matrix Question to ask and answer BEFORE: Why are you using social media? Intended vs Actual audience? Goals? Message? Information to Capture: Who “owns” the product? Departments / Individuals using Social Media? Sites are they using / links? Access keys? Content?

Presenter
Presentation Notes
What information needs to be captured by your social media Matrix? Before you can know, you first need to question. The following Questions need to be asked and answered: Why are you using social media? Who is your intended audience? Once you have been on a site for a while, ask, Who is your actual audience? What are your goals for engagement? What do you want to accomplish? And, finally, What’s your message? Your answers to the above questions will Guide how you use social media and the Information You Need to Capture with your Matrix: List Departments and Individuals using Social Media? What sites are they using and the links? What are their access keys? This includes their Username, Passwords, account question and answer, etc. What content is there? Does the content reflect the message your public body wants to send? Does the content pose a risk?
Page 48: Social Media Records Management - azlibrary.gov · Social Media Records Management Session 6 of 7 on records management This training does not constitute a legal opinion or legal

Go Back to the Matrix – Example of US Government

social media Matrix

Presenter
Presentation Notes
This slide is a copy of the Federal Government matrix, as of several years ago. Notice how nicely it tracks the use of social media, and what a great tool it can be for you, as the Records Officer, to ensure you are able to manage all of the records created or received by your public body.
Page 49: Social Media Records Management - azlibrary.gov · Social Media Records Management Session 6 of 7 on records management This training does not constitute a legal opinion or legal

Matrix Template

Page 50: Social Media Records Management - azlibrary.gov · Social Media Records Management Session 6 of 7 on records management This training does not constitute a legal opinion or legal

Verifying Your Municipality’s Social Media Accounts

Session 6 of 7 on Records Management

Presenter
Presentation Notes
I would like to begin by covering some basic information regarding the Library, Archives and Public Records, also known as the L.A.P.R.
Page 51: Social Media Records Management - azlibrary.gov · Social Media Records Management Session 6 of 7 on records management This training does not constitute a legal opinion or legal

Why Verify Your Municipality’s Social Media Sites?

1. Verification ensure the public we are who we say we are 2. More important now than ever: thousands of government pages on social media and more all the time 3. Impersonation and Parody accounts are common 4. Fake accounts can create confusion and chaos Examples: Baltimore riots saw as many as 100 fake government accounts Hurricane Sandy impersonation accounts gave misleading information 5. Fake accounts can hijack your message 6. Verify NOW and not later – after an emergency, problem

Page 52: Social Media Records Management - azlibrary.gov · Social Media Records Management Session 6 of 7 on records management This training does not constitute a legal opinion or legal

How to Verify Facebook Accounts

https://www.facebook.com/help/100168986860974

Page 53: Social Media Records Management - azlibrary.gov · Social Media Records Management Session 6 of 7 on records management This training does not constitute a legal opinion or legal

How to Verify Twitter Accounts

https://media.twitter.com/best-practice/how-to-get-verified

Page 54: Social Media Records Management - azlibrary.gov · Social Media Records Management Session 6 of 7 on records management This training does not constitute a legal opinion or legal

How to Verify Pinterest Accounts

Page 55: Social Media Records Management - azlibrary.gov · Social Media Records Management Session 6 of 7 on records management This training does not constitute a legal opinion or legal

Federal Government Verification Tool

Page 56: Social Media Records Management - azlibrary.gov · Social Media Records Management Session 6 of 7 on records management This training does not constitute a legal opinion or legal

Legal Challenges of Social Media for Municipalities

Session 6 of 7 on Records Management

Presenter
Presentation Notes
The use of social media has its risks and challenges, and you need to ensure your public body is aware of these, and working to mitigate these from a records management perspective.
Page 57: Social Media Records Management - azlibrary.gov · Social Media Records Management Session 6 of 7 on records management This training does not constitute a legal opinion or legal

Risk Component – Terms of Use (TofU) Contracts

Problem – If you want to use the Social Media site you Agree! Employee mindset toward setting up Social Media account is trained

by their own personal use of Social Media

We have been trained by previous use to “Click to Agree” to Terms and Conditions – but this is a CONTRACT

Contract between Public Body and Social Media site very likely to be established by employee NOT Lawyer or Procurement professional Employee likely did not even scroll through TofU to review for

acceptability

If they did, they probably would not know what is significant, what is in violation of Public Body procurement policies & practices, etc.

Presenter
Presentation Notes
The biggest challenge of social media use is the ease at which we click “agree” in our personal lives. If we want to use a site, we have to click “agree”. We very rarely read or even think about the Terms Of Use, and the implications they might have on my personal life and personal use of a social media site. In my personal use of a social media site, I don’t think about what I just committed myself to contractually. So, when I use social media representing my public body department or division, I continue to think there is no concern with what I have committed myself to contractually. This could NOT be further from the truth. The Terms of Use for most social media sites are NOT favorable to your public body. When, as a government employee, I set up a site for my public body, or one of its Department or Divisions, what I am doing when I click “agree” is committing my public body to a contract. In most public bodies, contracts are handled by either your Legal or Procurement Departments, and there are good reasons why this is so. But, when you click “agree” you are binding your public body to a contract that does NOT have favorable terms for your public body, you did not involve Legal, and you did not involve Procurement. AND, the contract is still legally binding on your public body. Let’s take a look at what some of the terms you committed your public body to, and some of the difficulties that is going to present.
Page 58: Social Media Records Management - azlibrary.gov · Social Media Records Management Session 6 of 7 on records management This training does not constitute a legal opinion or legal

Facebook – California is Jurisdiction

• If you (or your employees) click “Accept” – Your Public Body Agrees to:

o You agree to handle any legal challenges in California

• Santa Clara County

• California State Laws apply

• Agree to limit Indemnity

• Are your Public Body Attorneys licensed in California?

o What You Lose – Your right to handle dispute in Arizona

Presenter
Presentation Notes
With Facebook, at least, when you click “accept”, you are committing your public body to settling any legal disagreements in the State of California, in California Courts, and under California law. I would bet that your public body Attorney is not licensed in the State of California, so they will not be able to represent your public body. Your public body will need to hire an attorney licensed in the State of California, familiar with California laws, at California prices. My guess – your public body is NOT going to be happy that you just bound them to the Facebook contract without their even knowing that you did so. And, Facebook is not unique in this matter. All social media sites bind you to litigate in the state of their choice, which is not Arizona. And, as much as we talk about “like” and “friend” when talking about social media, there are risks because not everyone is our friend, and social media has a dark side we are all familiar with, but don’t often talk about.
Page 59: Social Media Records Management - azlibrary.gov · Social Media Records Management Session 6 of 7 on records management This training does not constitute a legal opinion or legal

Successes from State & Municipal Partnership - New Facebook TofU for Public Bodies

New Option for 2011 State and Local Government Exception – What You

Get

Strikes Jurisdiction / venue in CA

Strikes Application of CA Law

Strikes the indemnity clause except to the extent indemnity is allowed by a state’s constitution or law

Encourage amicable resolution between public entities and Facebook over any disputes

Presenter
Presentation Notes
As of January 01, 2011, Facebook agreed to strike California as the site of any litigation or disagreements, and agreed to strike use and limitations of California law on this process. If you follow the requirements of Facebooks, then any disagreements or litigation will be settled in Arizona and governed by Arizona law.
Page 60: Social Media Records Management - azlibrary.gov · Social Media Records Management Session 6 of 7 on records management This training does not constitute a legal opinion or legal
Presenter
Presentation Notes
The Government “TOU” as of February 2017.
Page 61: Social Media Records Management - azlibrary.gov · Social Media Records Management Session 6 of 7 on records management This training does not constitute a legal opinion or legal

Facebook Government Exception – How to Get It

• State and Local Government Exception Applies ONLY IF:

o Select “Community / Government” Designation

o MUST Link Facebook page to your Government website

o Do NOT click “Education” or “Organization”

o If you opened Facebook page before 2011 – MUST change page to “Government”

Presenter
Presentation Notes
In order to fall under the Facebook agreement, you need to do two things when registering your Facebook site: First, you need to choose “Government” as the designation or type of page you are creating. If you are education related, do not choose “education” as your designation or you will not be covered by the Terms Of Use exception. Secondly, you need to link your home public body website to your Facebook site. If you established a Facebook page prior to January 01, 2011, you will need to re-designate your page as “government” and re-link your webpage in order to qualify for this exception. At this point, Facebook is the only social media site that has made this concession to public bodies. And, no social media site has made any records management related changes to help public bodies meet their statutory obligations to manage social media records.
Page 62: Social Media Records Management - azlibrary.gov · Social Media Records Management Session 6 of 7 on records management This training does not constitute a legal opinion or legal

Additional Legal Challenges of Social Media

• Harassment

• Defamation

• Copyright/Trademark infringements

• Breach of Confidentiality

• Endorsement Advertising Violations

• Recordkeeping

Patricia C. Franks, PhD, CRM (From presentation to NAGARA - Indianapolis, given on July 12, 2013)

Presenter
Presentation Notes
The challenges presented by the Terms Of Use are not the only legal obstacles with the use of social media. Employees cause same type of trouble for selves and their employers through social media as through other channels. The following risks are faced by both public bodies and private enterprise: Social media can and has been used as a tool for harassment and character attacks. Employees have accidentally and intentionally disclosed copyright and trademarks secrets. Breach of Confidentiality risks whereby Social networking activities may increase the risk of disclosure by an employee or discovery by an aggrieved party. Endorsement Advertising Violations concerns. Individuals and companies who promote products online may be subject to FTC regulations, so please refer to the FTC “Guides Concerning the Use of Endorsements and Testimonials in Advertising.”
Page 63: Social Media Records Management - azlibrary.gov · Social Media Records Management Session 6 of 7 on records management This training does not constitute a legal opinion or legal

Social Media Court Case (online personna)

Eagle v. Morgan, 2013-11-4303 (E.D. Pa. 2013) One of the first trials on the issue of who owns social media accounts: The individual Employee who first created the account? Or the Employer whose business was promoted using the account?

http://www.socialmedialawupdate.com/2013/03/articles/social-media/who-owns-your-online-persona/

The U.S. District Court for the Eastern District of Pennsylvania held that an employer's conduct, absent a company social media policy, resulted in the torts of unauthorized use of name, invasion of privacy by misappropriation and misappropriation of publicity.

Presenter
Presentation Notes
One of the first legal challenges regarding social media arose out of the question of ownership. Who owns and controls the work done, materials and work product invested into a social media site? Does the employee creating the site own the work product? Or, does the employer paying the employee to create the social media site own the work product? Dr. Linda Eagle was a co-founder of a business which was sold to Edcomm. As part of the sale, Eagle agreed to continue as an employee of Edcomm, and Eagle continued used her LinkedIn account to promote Edcomm's business. She shared her username and password with several Edcomm employees to help respond to invitations and to update the account. Edcomm then terminated Eagle's employment on June 20, 2011, and then changed the password to Eagle's LinkedIn account, thereby locking her out. As of the date of Eagle's termination in June 2011, Edcomm did not have in place a company policy informing the employees that their LinkedIn accounts were the property of the employer. During Edcomm's control of the account, it changed the account to reflect the name, picture, education and experience of the interim CEO of Edcomm, even though the URL of the account remained in Eagle’s name, and a Google search of "Linda Eagle" would return results to said URL. Plaintiff's first three causes of action The court held Edcomm liable under claims of: unauthorized use of name, invasion of privacy by misappropriation of identity and misappropriation of publicity because it took over Eagle's account and replaced the content with Morgan's information. Specifically, the court found that Eagle's name and likeness held commercial value because of the investment of time and effort in developing her reputation in the industry; and that Edcomm used Eagle's name without her consent for commercial and advertising purposes. The court concluded that Edcomm's actions were for the commercial benefit of Edcomm and at the same time deprived Eagle of the benefit of her name.
Page 64: Social Media Records Management - azlibrary.gov · Social Media Records Management Session 6 of 7 on records management This training does not constitute a legal opinion or legal

“online persona” Court Case (continued)

The employer may have prevailed if it had implemented a social media policy that covered factors relevant to ownership, such as whether: (1) the employer paid the social media account fees; (2) the employer dictated the precise contents of the

employee's account; (3) the employee acted expressly on behalf of the employer

due to their position, role or responsibility; or (4) the social media account was developed and built

through investment of the employer's time and resources.

http://www.socialmedialawupdate.com/2013/03/articles/social-media/who-owns-your-online-persona/

Presenter
Presentation Notes
This case has some important implications for public bodies and how social media use needs to be governed by policies – both from and IT and RM perspective. The employer may have prevailed if it had implemented a social media policy that covered factors relevant to ownership, such as whether: � the employer paid the social media account fees; the employer dictated the precise contents of the employee's account; the employee acted expressly on behalf of the employer due to her position, role or responsibility; or the social media account was developed and built through investment of the employer's time and resources.
Page 65: Social Media Records Management - azlibrary.gov · Social Media Records Management Session 6 of 7 on records management This training does not constitute a legal opinion or legal

Specific Problem Areas

Session 6 of 7 on Records Management

Presenter
Presentation Notes
In the past couple of years, I have observed some specific problems that get repeated when public bodies use social media. I would like to take a couple of slides to examine these in some detail.
Page 66: Social Media Records Management - azlibrary.gov · Social Media Records Management Session 6 of 7 on records management This training does not constitute a legal opinion or legal

#1. Beware “Executive Communication” and

Social Media Executive Correspondence is a Permanent record if it “sets or discusses

policy” Any communication / correspondence that either discusses or sets policy,

and takes place in any “physical form or characteristic” (ARS §41-151.18), involving an executive (any Board, Commission or Council member, an Agency Director, elected official, County / Department / Division Leadership) will meet the definition of “Executive Correspondence”

• Since Policies are Permanent, then executive discussions of Policies

become important Permanent records to help provide context to the Policy(ies)

Where this discussion takes place does not matter: could be on paper, on a website, in an email, on Social Media, in a blog, in a shared workspace, definitely in Sire, etc.

This specific records series is from General Schedule GS 1021 Officials Records

Why is this a challenge?

Presenter
Presentation Notes
Be on the look out for any use of social media that could result in “Executive Correspondence” records. It may be best to educate your social media users to avoid these types of records on social media. Executive Correspondence is a Permanent record if it “sets or discusses policy”.  Any communication / correspondence that either discusses or sets policy, and takes place in any “physical form or characteristic” (ARS §41-1350), involving an executive (any Board, Commission or Council member, an Agency Director, elected official, County / Department / Division Leadership) will meet the definition of “Executive Correspondence”. Permanent Records must be retained on either paper or microfilm, since retaining them in an electronic format on a social media site is not possible. Where this discussion takes place does not matter: it could be held on paper, on a website, in an email, on Social Media, in a blog, in a shared workspace, definitely in Sire, etc.  Since Policies are Permanent, then executive discussions of Policies become important Permanent records to help provide context to the Policy(ies).  This specific records series is from the Management Records General Retention Schedules
Page 67: Social Media Records Management - azlibrary.gov · Social Media Records Management Session 6 of 7 on records management This training does not constitute a legal opinion or legal

#2. Beware of Historical Records

If a record is historically significant, it is a permanent record. **Permanent Records are of interest to the State Archives and future

researchers. Records are deemed historically significant records when they:

Document a controversial issue Document a program, project, event or issue that results in a

significant change that affects the local community, city, county or state

Document a program, project, event or issue that involves prominent people, places or events

Document a program, project, event or issue that resulted in media attention locally, statewide or nationally

Why is this a challenge?

Presenter
Presentation Notes
On a related subject, you may want to educate your social media users on the risks of creating historical records on these sites. If a record is historical, it is a permanent record, which means that the record can never be destroyed and has a potential life of 500 + years. As historical records, all record with a permanent retention period are of interest to the State Archives and future researchers. Any content either posted to, or received from a social media site will need to be considered historical if it deals with any of the following bullet points: Content that is considered controversial, or deals with a controversial issue Content related to a program, project, event or issue that results in a significant change that affects the local community, city, county or state Content on a program, project, event or issue that involves prominent people, places or events And, finally, Content on a program, project, event or issue that resulted in media attention locally, statewide or nationally Any record series that appears on an approved Retention Schedule, and has a permanent retention period, should be transferred to the State Archives when the public body no longer has an administrative need for the record. You can reach the State Archives at 602-926-3720 or 800-228-4710 to discuss the transfer of Permanent records.
Page 68: Social Media Records Management - azlibrary.gov · Social Media Records Management Session 6 of 7 on records management This training does not constitute a legal opinion or legal

#3. Elected Officials and Social Media

Avoid “cleaning house” to make room for the newly elected official.

Include both in-house and vendor / media produced Controversial Topics / Topics of Interest (prev. 2 slides) What records on Social Media will be of interest to the

State Archives and the future: Videos / Tweets / Media attention specifically involving the elected official Inauguration Speeches / Statements Letters / Proclamations Press Releases Significant Events Photos Bio Statements Involving Core Values / Duties of Office

Presenter
Presentation Notes
We have noticed a recurring problem with public bodies during a time of change of Elected Official, or change of significant leadership (Agency Head, Director, Executive Director, etc.) When it comes to your public body websites, social media accounts and other outlets for electronic communication, Records Officers need to: Avoid “cleaning house” to make room for the newly elected official or leadership. All records need to be properly managed during the entire retention period, regardless of whether they are created or received by a prior administration. This warning against cleaning house Include both in-house and vendor-produced media. The need to retain records across new administrations is especially important when it involves historical and permanent records. Records of special historical interest from Elected or Appointed Officials, includes the following: Controversial Topics or Topics of Interest Inauguration Speeches / Statements Letters / Proclamations Press Releases Significant Events Photos Bio Statements Involving Core Values / Duties of Office
Page 69: Social Media Records Management - azlibrary.gov · Social Media Records Management Session 6 of 7 on records management This training does not constitute a legal opinion or legal

#4. Video as Record / Permanent Record

Videos and Tweets: Your website, YouTube, Facebook, Twitter, etc. Make sure your only copy of the video / tweet is NOT online @ Social Media

site. What types of videos / tweets would be of interest: Involving Core Values / Duties of Office

Deal with controversial topics and/or topics of interest – You will recognize

many of these issues, especially if you suddenly get a large number of letters, calls or e-mails on a hot topic:

in opposition to an issue in support of an issue expressing a concern Examples of Current / Recent Issues Abortion, Alternative fuels, Environmental issues, Fiscal concerns, Forests,

wildfires and forest management, Gambling / casinos, Gas prices, Gay rights, Gun control, Freeways or highways, Illegal immigration, Land and development issues, Legalization of drugs, Legislation (involving your Agency), Important landmarks (if you still have correspondence), Terrorism/terrorists, Water issues, Welfare issues (for or against)

Presenter
Presentation Notes
Videos posted to social media sites tend to fall into the worst of the records management neglect categories. Please remember that content posted to a social media site by a public body belongs to the public body, and NOT to the social media site. Make sure your only copy of the video NOT online @ Social Media site. Maintain a copy of all videos on-site, in a location and format that can be managed during the entire lifecycle of the retention period. Some videos are of historical significance, and thought need to be put into the format and long-term retention of these important records. Here are some of the videos that could meet the definition of historical or permanent record: Those videos that Involving Core Values / Duties of Office Videos that deal with controversial topics and/or topics of interest. You will recognize many of these issues, especially if you suddenly get a large number of letters, calls or e-mails on a hot topic: in opposition to an issue in support of an issue expressing a concern Here are some specific Examples of Current / Recent Issues of historical interest: Abortion, Alternative fuels, Environmental issues, Fiscal concerns, Forests, wildfires and forest management, Gambling / casinos, Gas prices, Gay rights, Gun control, Freeways or highways, Illegal immigration, Land and development issues, Legalization of drugs, Legislation (involving your Agency), Important landmarks (if you still have correspondence), Terrorism/terrorists, Water issues, Welfare issues (for or against)
Page 70: Social Media Records Management - azlibrary.gov · Social Media Records Management Session 6 of 7 on records management This training does not constitute a legal opinion or legal

Social Media Retention Tools Available From …?

Session 6 of 7 on Records Management

Page 71: Social Media Records Management - azlibrary.gov · Social Media Records Management Session 6 of 7 on records management This training does not constitute a legal opinion or legal

Social Media Tools for Capturing Content - WARNING

• Some social media sites now provide built-in “archiving” tools that will help you capture the content in a location outside of the social media site.

• Most of these tools are NOT RM approved tools, because they don’t

have any retention capabilities, but merely a way of grabbing and saving content.

• These may not provide a legally defensible audit trail in court, so choosing between the tools requires a critical analysis, and may require additional technology layers.

• Since Facebook and Twitter did not initially provide archiving tools themselves, some other third-party applications have popped up to perform the task.

• Ask your potential vendor about the retention management capabilities.

Presenter
Presentation Notes
I acknowledge that funding is often tight, and you sometimes need to use what you have, or what is available, to the best of its abilities, to manage records. And, fully know, that not all tools are created equal, and you get what you are willing to pay for. Some social media sites now provide built-in “archiving” tools that will help you capture the content in a location outside of the social media site. Most of these tools are NOT RM approved tools, because they don’t have any retention capabilities, but merely a way of grabbing and saving content. These may not provide a legally defensible audit trail in court, so choosing between the tools requires a critical analysis, and may require additional technology layers. Since Facebook and Twitter did not initially provide archiving tools themselves, some other third-party applications have popped up to perform the task. Remember, if your public body significantly uses social media, or views social media as a significant tool for its mission, you will probably need to purchase a tool that will offer a full range of records management compliance deliverables.
Page 72: Social Media Records Management - azlibrary.gov · Social Media Records Management Session 6 of 7 on records management This training does not constitute a legal opinion or legal

Social Media / Networking Policy Template - Links

State of Arizona Social Media Policy: https://aset.az.gov/sites/default/files/P505%20Social%20Networking%20Policy

_0.pdf National Archives Guidance on Social Media: https://www.archives.gov/records-mgmt/bulletins/2014/2014-02.html Social Media Database of 113 Policies: http://www.socialmediatoday.com/SMC/155843 Web 2.0 Governance Policies and Best Practices: http://govsocmed.pbworks.com/w/page/15060450/Web-2-0-Governance-

Policies-and-Best-Practices Social Media Policies Database: http://socialmediagovernance.com/policies.php

Presenter
Presentation Notes
If you need help creating a Social Media Policy or Procedure, remember that it is always better to borrow something that already exists than to recreate the wheel. This slide presents some great websites where you can access Social Media policies and use them as a template for your own. All of these links were still valid as of February 6, 2017.
Page 73: Social Media Records Management - azlibrary.gov · Social Media Records Management Session 6 of 7 on records management This training does not constitute a legal opinion or legal

Got Questions?

Of course you do!!

Presenter
Presentation Notes
At this point, we are finished with our presentation, and you are free to submit any questions you might have. If you don’t have any questions for me, you are free to exit the classroom, and I appreciate the fact that you were able to join us today. If you do have questions, stick around and send us a note with your question and we will do our best to answer. Or, you can send an email after this session is finished, and we will get back with you. We currently have the following Future Trainings Currently in Development (listed in probably production order): Records Redaction Review of the Standards for Permanent Records Records Management Forms – “How to Complete” RMC Warehousing Forms – Used to send records for storage to the RMC Boxing Paper Records for Storage Imaging Records - Microfilm Imaging / Scanning Records - Digital
Page 74: Social Media Records Management - azlibrary.gov · Social Media Records Management Session 6 of 7 on records management This training does not constitute a legal opinion or legal

HELPFUL CONTACTS Records Management Center (LAPR): http://www.azlibrary.gov/records/ Phone: 602-926-3815 [email protected] Dr. Ted Hale State Archivist [email protected] Phone: 602-926-3736 Kurtis Chandler [email protected] Phone: 602-926-3817 Ruben Vargas [email protected] Phone: 602-926-3719 Timothy Provenzano [email protected] Phone: 602-926-3720

State Ombudsman’s Office http://www.azleg.gov/ombudsman/default.asp State Attorney General – Records Publication https://www.azag.gov/sites/default/files/sites/al

l/docs/agency-handbook/ch06.pdf ARMA International: http://www.arma.org/ Institute of Certified Records Managers (ICRM): http://www.icrm.org/ National Archives and Records Management (NARA): http://www.archives.gov/records-mgmt/ National Association of Government Archivists and Records Administrators (NAGARA): http://www.nagara.org/index.cfm AIIM – Global Community of Information Professionals http://www.aiim.org/

Presenter
Presentation Notes
Thank you for participating in our Electronic Records Management training. I hope we answered all of your questions – but also raised some questions you can take back to your public body and begin the process of finding those answers. In the email you all received that contained the two documents describing how to access this on-line classroom, you should also have received an Evaluation Form. If you could, please complete your Evaluation Form and then either fax it, or email it, or…..mail it back to Jerry’s attention. We hope to see you at another training soon.