1. What Are Public Records?

• Every record created or received by a government entity or employee is presumed to be a public record.

• “Public records” include all documentary materials—regardless of format—created or received in the course of public business (paper, digital files, photos, audio, etc.). Massachusetts Secretary

• Certain records are exempt from disclosure under the Massachusetts Public Records Law, but they are still records and must be managed and retained properly. Massachusetts Secretary

(For disclosure rules, agencies and municipalities should consult the Secretary of the Commonwealth’s Guide to the Massachusetts Public Records Law.) Massachusetts Secretary

2. Are Electronic Records “Real” Records?

Yes. Massachusetts law explicitly recognizes electronic records as public records. Public records may be created by handwriting, printing, photography, micrographics, or electronic means—or any combination of these. Massachusetts Secretary

In other words: if it documents public business, it’s a record, whether it lives in a filing cabinet, on a network drive, or in the cloud.

3. Retention: Content, Not Format

3.1 How long do I keep electronic records?

• Retention is determined by what the record is (its content and function), not by how it is stored (paper vs. digital). Massachusetts Secretary

• State agencies follow the Statewide Records Retention Schedule; municipalities follow the Municipal Records Retention Schedule. Massachusetts Secretary

Your retention schedule applies equally to paper and electronic copies of the same record series.

3.2 Email

• Email is not a separate “record type” with a single retention rule.

• Each email must be evaluated based on its content and business purpose. Massachusetts Secretary

  • Some emails are routine “administrative convenience” communications and can be deleted once no longer useful.

  • Other emails carry longer-term or permanent retention and may require permission before deletion. Massachusetts Secretary

3.3 Social Media

• Social media content created or received by a government entity or employee is also presumed to be a public record. Massachusetts Secretary

• Focus on content, not platform: ask how this information would have been distributed before social media (e.g., flyer, press release, notice).

• Agencies should have clear, transparent policies on how social media is used, especially where user-generated content is involved. Massachusetts Secretary

3.4 Databases and Systems

• Moving information into a database or system (e.g., CRM, ECM, case management) does not remove your records management obligations.

• You are responsible for the records contained in the system—defining what constitutes “the record,” applying retention, and ensuring access for the required period. Massachusetts Secretary

4. Digitized Records: Can I Shred the Paper?

Digitization can support better access and reduce physical storage, but it doesn’t shorten the legally required retention period.

To replace paper with a digital copy:

• You must maintain a digital record that is accurate, reliable, trustworthy, and accessible for the full retention period. Massachusetts Secretary

• If there is no statutory requirement to keep the record in an eye-readable physical format, you may destroy the paper after digitization without asking the Records Conservation Board or Supervisor of Public Records—as long as the digital record becomes the official record. Massachusetts Secretary

• You will still need proper authorization to destroy/delete the final copy of the record—often the digital version in a digitization scenario. Massachusetts Secretary

• Some paper records may have inherent evidentiary, historical, or archival value that justifies continued physical retention, even after digitization. Massachusetts Secretary

The Massachusetts Archives’ Digital Archives staff can advise on specific digitization and retention questions for state and municipal entities. Massachusetts Secretary

5. Ensuring Trustworthy Digital Records

To ensure digital records are acceptable as the official record, you must:

• Capture them at appropriate resolution and quality (following state digitization guidelines).

• Protect them against unauthorized alteration or loss.

• Maintain them in systems that allow retrieval and use for the full retention period.

• Plan for format migration and system changes over time, especially for long-term or permanent records. Massachusetts Secretary

Because many factors influence the long-term integrity of digital records, agencies are encouraged to work with the Massachusetts Digital Archives staff on complex or high-value series. Massachusetts Secretary

6. How Valley Green Shredding & DataMerj Support Born-Digital Management

Working together, Valley Green Shredding and DataMerj can help your agency or municipality align with these Massachusetts Archives principles by:

• Digitization & Imaging

  • Scanning paper records into a secure, audit-ready digital format.

  • Applying quality controls designed to support long-term reliability.

• Cloud-Based Records Management (LRG+ / DataMerj ECM)

  • Storing born-digital and digitized records in a structured, permission-controlled repository.

  • Applying retention rules based on the Statewide and Municipal Records Retention Schedules.

  • Capturing audit trails for access and disposition.

• Policy & Workflow Design

  • Helping you develop practical policies for email, shared drives, social media content capture, and databases.

  • Designing file organization, naming, and indexing schemes that make it easier to implement retention and respond to public records requests.

• Secure Destruction

  • Providing NAID AAA Certified shredding for paper records once they are eligible for destruction.

  • Offering secure destruction options for end-of-life digital media (hard drives, SSDs, backup tapes, etc.).

Source: Guidance adapted from the Massachusetts Archives “Born-Digital and Digitized Records FAQs” (Secretary of the Commonwealth of Massachusetts).