New Mexico Register / Volume
XXX, Issue 24 / December 31, 2019
This is an amendment to 1.13.30 NMAC, Section
11, effective 12/31/2019.
1.13.30.11 ON-SITE DESTRUCTION OF RECORDS: On-site destruction of records may occur at
the custodial agency’s location. For
approval of on-site destruction, the records custodian, chief records officer
or records liaison officer shall submit a request on a form approved by the
state records administrator.
A. The form may be
submitted electronically with a valid digital signature issued by the state
records administrator.
B. The state
records administrator or designee may inspect records prior to approval of
on-site destruction.
C. The state records
administrator may suspend destruction of records determined to have historical
value and, upon approval of the Commission, transfer the records to the state
archives.
D. For legal and
audit purposes, the agency shall retain a certificate of destruction as proof
of the records destroyed. The
certificate of destruction shall include, at a minimum, the following
information:
(1) For paper records:
(a) place
and date of pick up;
(b) printed name
and signature of employee(s) performing service;
(c) printed
name and signature of witnesses;
(d) number of
pounds destroyed/shredded (vendor) or number of boxes (agency certified);
(e) date of
destruction/shredding;
(f) identification
of company’s authorizing agent by name and position;
(g) printed name
and signature of official certifying the destruction (vendor or designated
records management personnel); and
(h) statement
that shredded records cannot be read, interpreted, or reconstructed.
(2) For
electronic records:
(a) records classification;
(b) printed
name and signature of employee(s) performing destruction;
(c) printed
name and signature of record owner;
(d) number of
e-records destroyed;
(e) date of
destruction;
(f) printed
name and signature of official certifying the destruction (designated records
management personnel); and
(g) statement
that destroyed records cannot be read, interpreted, or reconstructed.
E. Approved methods
for on-site destruction of records are as follows:
(1) Records that contain confidential or
sensitive information shall be destroyed through a bonded [insured, and
national association for information destruction (NAID) AAA] and insured
document recycling vendor by shredding in such a manner that the information
cannot be read, interpreted or reconstructed.
(2) Records
that do not contain confidential or sensitive information shall be destroyed
by:
(a) recycling by
a bonded document recycling vendor;
(b) shredding; or
(c) dumpsite burial.
(3) Records
which have been contaminated may be destroyed by:
(a) any of the approved methods described above; or
(b) incineration.
(4) Agencies
shall select from the following methods of destruction for electronic records:
(a) erasure from electronic media and all back up media;
(b) overwriting
of reusable magnetic media multiple times as recommended by the United States
(U.S.) department of defense;
(c) degaussing
of the magnetic media; or
(d) physical
destruction of the media as recommended by the U.S. department of defense.
[1.13.30.11 NMAC - Rp, 1.13.30.11 NMAC, 11/28/2017; A, 6/12/2018; A, 12/31/2019]