New York State has published a "Request for public comment" (RFPC) - for
A study concerning electronic record policy for New York State. Electronic records
Interesting definitions: data, documents, records
Terminology - Electronic "Records":
Concerning a similar survey, the State of Minnesota CIO recently noted that the "terms 'records', 'data', and 'documents' are often used interchangeably; the [Minnesota law requiring an e-records study] uses 'documents' and 'data' without distinguishing the two. But all of these terms have a separate legal meaning and significance in Minnesota, so it will be important to understand the exact distinctions any respondent makes in this survey."
This observation is equally true in New York State: words such as electronic "data" and "records" are terms of art with specific legal definitions. To avoid confusion, survey respondents are asked to please keep in mind the following basic distinctions. In this study and in the survey, the term:
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Electronic "data" will be conceptualized as electronic "information, evidencing any act, transaction, occurrence, event, or other activity." (NYS Technology Law § 302, the Electronic Signatures and Records Act or "ESRA");
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Electronic "documents" will be conceptualized as the "physical embodiment of information or ideas" (Black's Law Dictionary) within electronic "forms [which are] perceptible by human sensory capabilities." (ESRA);
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Electronic "records" will be conceptualized as being created when electronic data is "produced or stored by electronic means and accurately reproducible" (ESRA) as required; and
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Electronic copies of "official [government] records" will be conceptualized also in accordance with their legal definition, as electronic records made "in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities, or because of the information contained therein." (The NYS Arts and Cultural Affairs Law § 57.05).
In summary, e-data fills e-documents creating e-records, some of which represent official State agency e-records requiring preservation. When being referred to inclusively and generically within this survey the term "electronic records" will be used. In your responses to the survey, please be sure to indicate if your usage of any term other than “electronic records” carries any special meaning or has any special implications.
see:
http://www.oft.state.ny.us/oftnews/erecords-study.htmjhagmann - 7. Jan, 07:58
