                                 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.