Retention and archives
Records retention schedules explained
Short answer
- US schedules approved by
- Archivist of the United States 4
- US General Records Schedules
- Mandatory for covered records 1
- UK selection rule
- Public Records Act 1958, section 3 2
- Australia general authority
- AFDA Express version 2, 15 common functions 3
- India
- Records catalogued and indexed, RTI Act s 4(1)(a) 5
What a schedule does
A schedule ties each class of record to a retention period and a final action. Without one, a body has no lawful basis to destroy records in several systems. US federal law makes the disposal procedures in chapter 33 of title 44 exclusive 6. Australia's National Archives says Commonwealth records can be destroyed only where a law requires it, where it permits it through a records authority, or under normal administrative practice it has not disapproved 3.
United States: agency schedules and the GRS
Agencies submit lists and schedules to the Archivist. For records that lack enough administrative, legal, research or other value, the Archivist may authorise disposal after notice in the Federal Register and public comment 4. The law says these disposal authorisations are mandatory, and where two conflict the shorter retention period applies 4.
The Archivist must in addition issue general schedules for records of a common form across agencies 4. NARA says use of the General Records Schedules is mandatory, and an agency may depart from them only if it can justify an agency-specific schedule 1. The GRS cover administrative and support functions and typically do not cover records documenting an agency's mission 1.
United Kingdom: selection and disposal
Section 3 of the Public Records Act 1958 makes those responsible for public records arrange to select records worth permanent preservation, under the guidance of the Keeper of Public Records 2. All public records created before 1660 must be preserved 2. Selected records go to The National Archives or an approved place of deposit no later than 20 years after creation 2. Records rejected as not needed for permanent preservation are to be destroyed or otherwise disposed of 2.
Australia: records authorities
The National Archives of Australia issues general records authorities. AFDA Express version 2 covers the destruction and transfer of records from 15 common administrative functions, such as financial management, personnel, procurement and ICT 3. Other general authorities cover activities such as grant management, outsourcing and scanning of original records 3.
Agencies cannot dispose of records of their unique business functions without a specific law or an agency-specific records authority 3.
India and the link to access requests
India's Right to Information Act requires each public authority to keep all its records catalogued and indexed, and to computerise suitable records subject to resources 5. The Information Commission can require an authority to change its practices on the maintenance, management and destruction of records 5.
Deletion under a schedule affects what an access request can find. The UK ICO says information is not held once it has been overwritten, but may still be held in a recycle bin or backup before then 7.
Common questions
Are US General Records Schedules mandatory?
Yes. NARA says use of the GRS is mandatory. An agency needs a justification to use an agency-specific schedule instead 1.
Can a US agency destroy records without a schedule?
No. The disposal procedures in chapter 33 of title 44 are exclusive 6.
What happens to UK records not selected for preservation?
They are to be destroyed or otherwise disposed of under section 3(6) of the Public Records Act 1958 2.
What is AFDA Express?
A general records authority of the National Archives of Australia covering 15 common administrative functions 3.
Rules and charges change. Check the official source linked on this page before you pay or travel. Spotted an error? Email hello@publicrecordgaps.com.
Sources
- US National Archives: What are the General Records Schedules (GRS)
- legislation.gov.uk: Public Records Act 1958, section 3, Selection and preservation of public records
- National Archives of Australia: Disposal of Commonwealth records in the absence of an agency-specific records authority
- Legal Information Institute: 44 U.S. Code § 3303a - Examination by Archivist of lists and schedules of records lacking preservation value
- Ministry of Heavy Industries, India: The Right to Information Act, 2005
- Legal Information Institute: 44 U.S. Code § 3314 - Procedures for disposal of records exclusive
- ICO: Determining whether we hold information
Related
- Archive transfer rules compared
How long governments keep records before transfer or public opening: the UK 20-year rule, the US 30-year transfer rule, Australia, India and the EU.
- Unlawful destruction of public records: the rules
Offences and reporting duties for destroying, altering or hiding public records in the UK, US, Canada, India and Australia, with the penalties set in law.
- Why public records go missing
The lawful and unlawful reasons a public record cannot be produced: never created, lawfully destroyed, held elsewhere, overwritten or lost.