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Alaska Public Record Laws

Website & Social Media Archiving for Alaska State Agencies

Do you represent an Alaska State Government Agency and wondering how you should archive all your web and social media content? Are you trying to determine what you need to do both from a legal and a technical point of view? Here’s a guide to the different Laws and processes you should follow.

What Laws Govern Records Management in the State of Alaska?

Alaskan Public Records Act (APRA) A.S. §09.25.110 et seq. (and also Alaska Open Meetings Act (AOMA) A.S. §44.62.310 et seq.) govern open and social media records in the state of Alaska. In line with transparent open records standards, the Alaskan Supreme Court has said that access to public records is “a fundamental right” (Fuller v. City of Homer).

Do Alaska Records Laws include Website and Social Media content?

Yes, they do. NARA state that there is a “[P]ublic expectation that all web content is both permanently valuable and accessible” – and so social media and web records are subject to these standards as well as the relevant metadata being pertinent to these laws.

Subject to Alaskan law, “public records” are defined as “books, papers, files, accounts, writings, including drafts and memorializations of conversations, and other items, regardless of format or physical characteristics. …” AS 40.25.220(3). Electronic format of records are subject to the same rules of public disclosure, retention and archiving as hard copy records.

Communications via social media and online that relate to public business, “developed or received by a public agency, or by a private contractor for a public agency, and that are preserved for their informational value or as evidence of the organisation or operation of the public agency”. AS 40.25.220(3).
What agencies are subject to these laws?

The public records of all “public agencies” are subject to APRA, with public “agency” defined as as a “department, office, agency, state board, commission, public corporation or other organizational unit of or created under the executive branch of the state government” – but do provide for a specific exemption of the University of Alaska.

Uniquely enough, due to changes in 2003 and 2006 to Alaskan Open Records Law, The “litigation disclosure” statute in the law says, “A public record that is subject to disclosure and copying under AS 40.25.110 – 40.25.120 remains a public record subject to disclosure and copying even if the record is used for, included in or relevant to litigation, including law enforcement proceedings, involving a public agency, except that with respect to a person involved in litigation, the records sought shall be disclosed in accordance with the rules of procedure applicable in a court or an administrative adjudication”. AS 40.25.122
What is my agency required to do in line with these regulations?

Your agency website must be retained in electronic format and remain usable, searchable, retrievable and authentic for the length of the designated retention period as established by the agency and/ or form of record in question and content placed on state agency social media should be moderated by an authorized, trained staff member.

In which form do I need to archive my records?

Web sites must be retained in their original format: HTML, CSS, PDF, etc.

How can we transfer website archives made with PageFreezer to the Alaska Digital Archives?

PageFreezer exports all data on request in the original file format including the required metadata. This data set can be transferred by FTP or by other means to the Alaska State or Agency Digital Archives.

How can PageFreezer help our agency?

PageFreezer has been working on our Archiving technology and processes since 2006 – We know how to properly archive Web Sites, Blogs and Social Media like Facebook, Twitter, YouTube, Google+, LinkedIn, and Instagram. Just ask any of our over 500 clients including US Cities, Counties, and other Government Agencies as well as Multinationals, Financial Service Firms, Healthcare Providers …

Our clients know our technology is secure, reliable and authenticated. More importantly they appreciate the ease-of-use.

That’s why our complex technology is simple to use – The archiving is automatic and retrieval is a matter of signing in, going to the date you want, and browsing your site just like you did when the content was just published.

If you have questions about any of this or about how to implement effective Online Public Records management start a free trial, schedule a demo or contact us directly.


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