District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill PR25-0984 Compare Versions

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1- ENROLLED ORIGINAL
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6+____________________________ 1
7+Councilmember Anita Bonds 2
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10+A PROPOSED RESOLUTION 5
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14+IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 9
15+ 10
16+____________________ 11
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19+To declare the existence of an emergency with respect to the District of Columbia Public 14
20+Records Management Act of 1985 to clarify that communications created or received 15
21+electronically in the course of official business are subject to existing record- retention 16
22+obligations. 17
23+ 18
24+RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 19
25+resolution may be cited as the “Fidelity in Access to Government Communications Clarification 20
26+Emergency Declaration Resolution of 2024”. 21
27+ Sec. 2. (a) This measure closes a gap in the law. The District does not currently have a 22
28+consistent, government-wide policy regarding electronic communications. 23
29+(b) The Council unanimously passed the Fidelity in Access to Government 24
30+Communications Clarification Second Temporary Amendment Act of 2024, effective March 1 , 25
31+2024. The temporary act will expire on O ctober 12, 2024. 26
32+(c) The temporary act was passed after a concerning report regarding the Executive’s use 27
33+of WhatsApp Messenger was published online. Among many features available within the 28
34+application is the ability to auto-delete messages after a set period of time. 29
35+(d) Emergency legislation is therefore necessary to ensure that existing record retention 30
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8-A RESOLUTION
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10-25-672
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12-IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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14-October 1, 2024
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17-To declare the existence of an emergency with respect to the need to amend the District of
18-Columbia Public Records Management Act of 1985 to clarify that communications
19-created or received electronically in the course of official business are subject to existing
20-record-retention obligations.
21-
22-RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
23-resolution may be cited as the “Fidelity in Access to Government Communications Clarification
24-Emergency Declaration Resolution of 2024”.
25-
26- Sec. 2. (a) This measure closes a gap in the law. The District does not currently have a
27-consistent, government-wide policy regarding electronic communications.
28-(b) On March 1, 2024, the Council unanimously passed the Fidelity in Access to
29-Government Communications Clarification Second Temporary Amendment Act of 2023,
30-effective March 1, 2024 (D.C. Law 25-130; 71 DCR 859) (“temporary act”). The temporary act
31-will expire on October 12, 2024.
32-(c) The temporary act was passed after a concerning report regarding the Executive’s use
33-of WhatsApp Messenger was published online. Among many features available within the
34-application is the ability to auto-delete messages after a set period of time.
35-(d) Emergency legislation is therefore necessary to ensure that existing record retention
36-guidelines continue to apply to a wide variety of electronic communications and to ensure public
37-access to information is not diminished or compromised.
38-
39- Sec. 3. The Council determines that the circumstances enumerated in section 2 constitute
40-emergency circumstances making it necessary that the Fidelity in Access to Government
41-Communications Clarification Emergency Amendment Act of 2024 be adopted after a single
42-reading.
43-
44- Sec. 4. This resolution shall take effect immediately.
40+guidelines continue to apply to a wide variety of electronic communications and to ensure public 31
41+access to information is not diminished or compromised. 32
42+ Sec. 3. The Council of the District of Columbia determines that the circumstances 33
43+enumerated in section 2 constitute emergency circumstances making it necessary that the Fidelity 34
44+in Access to Government Communications Clarification Emergency Amendment Act of 2024 be 35
45+adopted after a single reading. 36
46+ Sec. 4. This resolution shall take effect immediately. 37