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Kansas Public Record Laws

Website & Social Media Archiving for Kansas State Agencies

Do you represent a Kansas 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 Kansas?

Kansas Open Records Act (KORA) regulates, governs and enforces social media and open records in the state of Kansas. It is the public policy of Kansas that “public records shall be open for inspection by any person unless otherwise provided, and this act shall be liberally construed and applied to promote such policy.” K.S.A. 45-216(a)

Do Kansas State Records Laws include Website and Social Media content?

Yes, they do. NARA state that that 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.

Public records are defined as “any recorded information, regardless of form or characteristics, which is made, maintained or kept by or is in the possession of any public agency. . . .” K.S.A. 2008 Supp. 45-217(g). The scope of KORA extends beyond paper, given that form or characteristics are not considered, thus include electronic and digital records. Case law has found that content placed on the internet deemed a public record must be treated suitably subject to these standards. (State v. Stevens, 26 Kan.App.2d 606 (1999)). Computer data is also legally considered a “record.” (State ex rel. Stephan v. Harder, 230 Kan. 573, 582 (1982)).

What agencies are subject to these laws?

Subject to KORA, a public agency is the state or any political or taxing subdivision, or any office, officer, or agency thereof, or any other entity, receiving or expending and supported in whole or part by public funds. Essentially, KORA extends to an office or agency that is connected with state or local government.

What is my agency required to do in line with these regulations?

KORA requires that public records be reproduced in the form that the public agency possesses them. If the public agency wishes to provide the extra service of converting a record into another format, it may do so.

Info Gov Update:

The 2000 Legislature made important changes to the law by sunsetting all of the exceptions by July 1, 2015, unless they are individually re-enacted under state policy guidelines newly set out in the statute. These standards require exceptions to be created or maintained only if:
1. The record is of a sensitive or personal nature concerning individuals;
2. It is necessary for effective and efficient administration of a governmental program; or
3. It affects confidential information.

In which form do I need to archive my records?

Electronic and computerized information can meet the definition of a public record and so must be provided in the form requested if the public agency has the capability of producing it in that form.

How can we transfer website archives made with PageFreezer to the Kansas State 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 Kansas 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 actually implement effective Online Public Record management start a free trial, schedule a demo or contact us directly.


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