                                 CODE OF VIRGINIA

DEFINITIONS (§ 42.1-77)

As used in this chapter, unless the context requires a different
meaning:		&#8220;Agency&#8221; means all boards, commissions, departments,
divisions, institutions, and authorities, and parts thereof, of the Commonwealth
or its political subdivisions and includes the offices of constitutional
officers.		&#8220;Archival record&#8221; means a public record of continuing and
enduring value useful to the citizens of the Commonwealth and necessary to the
administrative functions of public agencies in the conduct of services and
activities mandated by law that is identified on a Library of Virginia approved
records retention and disposition schedule as having sufficient informational
value to be permanently maintained by the Commonwealth.		&#8220;Archives&#8221;
means the program administered by The Library of Virginia for the preservation
of archival records.		&#8220;Board&#8221; means the State Library
Board.		&#8220;Conversion&#8221; means the act of moving electronic records to a
different format, especially data from an obsolete format to a current
format.		&#8220;Custodian&#8221; means the public official in charge of an
office having public records.		&#8220;Disaster plan&#8221; means the information
maintained by an agency that outlines recovery techniques and methods to be
followed in case of an emergency that impacts the agency&#8217;s
records.		&#8220;Electronic record&#8221; means a public record whose creation,
storage, and access require the use of an automated system or device. Ownership
of the hardware, software, or media used to create, store, or access the
electronic record has no bearing on a determination of whether such record is a
public record.		&#8220;Essential public record&#8221; means records that are
required for recovery and reconstruction of any agency to enable it to resume
its core operations and functions and to protect the rights and interests of
persons.		&#8220;Librarian of Virginia&#8221; means the State Librarian of
Virginia or his designated representative.		&#8220;Lifecycle&#8221; means the
creation, use, maintenance, and disposition of a public
record.		&#8220;Migration&#8221; means the act of moving electronic records from
one information system or medium to another to ensure continued access to the
records while maintaining the records&#8217; authenticity, integrity,
reliability, and usability.		&#8220;Original record&#8221; means the first
generation of the information and is the preferred version of a record. Archival
records should to the maximum extent possible be original
records.		&#8220;Preservation&#8221; means the processes and operations involved
in ensuring the technical and intellectual survival of authentic records through
time.		&#8220;Public official&#8221; means all persons holding any office
created by the Constitution of Virginia or by any act of the General Assembly,
the Governor and all other officers of the executive branch of the state
government, and all other officers, heads, presidents, or chairmen of boards,
commissions, departments, and agencies of the state government or its political
subdivisions.		&#8220;Public record&#8221; or &#8220;record&#8221; means
recorded information that documents a transaction or activity by or with any
public officer, agency, or employee of an agency. Regardless of physical form or
characteristic, the recorded information is a &#8220;public record&#8221; if it
is produced, collected, received, or retained in pursuance of law or in
connection with the transaction of public business. The medium upon which such
information is recorded has no bearing on the determination of whether the
recording is a &#8220;public record.&#8221;		For purposes of this chapter,
&#8220;public record&#8221; does not include (i) nonrecord materials, meaning
materials made or acquired and preserved solely for reference use or exhibition
purposes, extra copies of documents preserved only for convenience or reference,
or stocks of publications or (ii) records that are not related to or affect the
carrying out of the constitutional, statutory, or other official ceremonial
duties of a public official, including the correspondence, diaries, journals, or
notes that are not prepared for, utilized for, circulated, or communicated in
the course of the transaction of public business.		&#8220;Records retention and
disposition schedule&#8221; means a Library of Virginia-approved timetable
stating the required retention period and disposition action of a records
series. The administrative, fiscal, historical, and legal value of a public
record shall be considered in appraising its appropriate retention schedule. The
terms &#8220;administrative,&#8221; &#8220;fiscal,&#8221;
&#8220;historical,&#8221; and &#8220;legal&#8221; value shall be defined as:

1. &#8220;Administrative value&#8221;: Records shall be deemed of administrative
value if they have continuing utility in the operation of an agency.

2. &#8220;Fiscal value&#8221;: Records shall be deemed of fiscal value if they
are needed to document and verify financial authorizations, obligations, and
transactions.

3. &#8220;Historical value&#8221;: Records shall be deemed of historical value
if they contain unique information, regardless of age, that provides
understanding of some aspect of the government and promotes the development of
an informed and enlightened citizenry.

4. &#8220;Legal value&#8221;: Records shall be deemed of legal value if they
document actions taken in the protection and proving of legal or civil rights
and obligations of individuals and agencies.

HISTORY: 1976, c. 746; 1977, c. 501; 1981, c. 637; 1987, c. 217; 1990, c. 778;
1994, cc. 390, 955; 1998, cc. 427, 470; 2005, c. 787; 2006, c. 60; 2022, c. 355.