Ohio Laws and Policies Relating to Electronic Records

To ensure that records are properly created, maintained, and disposed, record keeping responsibilities of state and local government officials are well defined in the Ohio Revised Code. Legal advice in terms of these responsibilities can be obtained in the form of opinions from the Ohio Attorney General or your local prosecuting attorney.

Ohio Public Records Law and Electronic Records Management

A public record is a record held by a public office. Ohio law (O.R.C. 149.43) defines a record as any item that is:

O.R.C. 9.01 authorizes public officials to keep such records through electronic means. It also requires these officials to make these records readily available to the public. This includes giving the public access to the necessary machines and equipment to reproduce the records.

Chapter 149 of the Ohio Revised Code sets forth the legal requirements for the management of public records maintained by state agencies. Compliance with this chapter can help the state agency avoid litigation. It also builds public faith in the process of government by opening the process to citizens.

Under Ohio law (O.R.C 149.34), "the head of each state agency, office, institution, board, or commission shall establish, maintain, and direct an active continuing program for the effective management of the records of the state agency." This program should follow standards, procedures, and techniques promulgated by the Department of Administrative Service's State Record Administration Program.

Among the standards established by the State Record Administration Program are those for the retention of state records. O.R.C. 149.333 establishes the process for submitting an application to establish a schedule to dispose of records that no longer have value to the agency.

State agencies are otherwise prohibited from retaining, destroying, or otherwise transferring its state records in violation of these standards (O.R.C. 149.333). Further, O.R.C. 149.351 deems all such records as the property of the public office. They may not be "removed, destroyed, mutilated, transferred, or otherwise damaged or disposed of, in whole or in part, except as provided by law…" These records are to be "delivered by outgoing officials and employees to their successors and shall not be otherwise removed, transferred, or destroyed unlawfully."

Other Relevant Statutes & Rules

R.C. 9.01, Photostat, microfilm, or other recording

R.C. 121.211, Retention Periods for records

R.C. 149.011, Definitions

Civil R. Rule 44, Proof Of Official Record

Evid. R. Rule 901, Requirement of Authentication or Identification

Evid. R. Rule 902, Self-Authentication

Evid. R. Rule 1002, Contents of Writings, Recordings and Photographs-Requirement of Originals

Evid. R. Rule 1003, Contents of Writings, Recordings and Photographs-Admissibility of Duplicates

Evid. R. Rule 1005, Contents of Writings, Recordings and Photographs-Public Records

Legal Issues Affecting Electronic Records Management