Section 20May 21, 2007, Sec./Art. 20

Transfer of Public Records. - This section shall apply to all public records regardless of whether they were taken possession of before or after the effectivity of this Act.

(a) Heads of government offices shall cause the transfer of the following public records under their control and custody, to the control and custody of the National Archives:

(1) Archival materials or collections of any government office which are more than thirty (30) years old and which can no longer be maintained and preserved;

(2) Noncurrent public records that, in the judgment of the executive director, are of permanent and enduring archival value or both to warrant their preservation;

(3) Public records of a government office that ceases to exist as a public office, or ceases to exercise a function to which its public records relate, unless otherwise provided by law that a government agency shall take over the responsibilities for those public records;

(4) Noncurrent public records of a government office that has thirty (30) years or more retention periods including inactive personnel records which are often referred to as the 201 files.

(b) The executive director may defer the transfer of any public records if he/she is satisfied that by reason of the nature of the public records concerned, the immediate transfer of the public records shall prejudice the administration of any public office or would be contrary to public interest.

(c) Nothing in this section shall be deemed to authorize the transfer of classified records except with prior written consent of the head of the government office charged with the control and custody of public records.

(d) Nothing in this section shall be construed as affecting or extending the law relating to copyright.

(e) Public records shall be surrendered on demand:

(1) Public records, in the possession of a private person who has special permission to keep and handle records in the course of his official duties, which in the opinion of the executive director are or likely to be of permanent and enduring archival value, shall, on demand by the executive director or a proper officer be surrendered to the custody and control of the National Archives; and

(2) A public record, which is demanded, need not be surrendered if the head of the government office has permitted the person referred to in the immediately preceding subsection to retain possession of the record.