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WKU Records Management Program
It's the Law
Records Management Legislation in Kentucky
As a public agency under KRS 61.870, WKU is required by law to establish a comprehensive records management program (KRS 171.680). "Public records" are defined in KRS 61.870 as all books, papers, tapes, disks, software or other documentation regardless of physical form, which are "prepared, owned, used, in the possession of or retained by a public agency."
Laws cited in the General Records Schedule
KRS 17.150(2) - Exempts from public inspection certain intelligence and investigative reports by criminal justice agencies.KRS 61.878 (1)(a), (c)1, and 1(f) - Exempts from public inspection (unless ordered by a court): records of a personal nature where the disclosure would constitute an unwarranted invasion of privacy; proprietary information where the disclosure would permit an unfair commercial advantage to a competitor; records of law enforcement agencies where the disclosure would reveal an informant's identity or harm a prospective law enforcement action.
KRS 160.705(1) - Kentucky Family Education Rights and Privacy Act. Students' educational records are confidential and not liable to disclosure except under certain circumstances.
KRS 164.283 - Academic records of students at publicly supported institutions of higher learning in Kentucky are confidential and not liable to disclosure except under certain circumstances.
KRS 422.330 - Use of medical records in evidence. Protects psychiatrist-patient privilege.
29 CFR 1602.48 - Retention of records necessary for completion of Higher Education Staff Information Report EEO-6.
34 CFR 674.19 - Retention of records under Federal Perkins Loan Program.
Federal Statutes Regarding University Records
FERPA - Family Educational Rights and Privacy Act (20 USCA 1232g). Students' educational records are confidential and not liable to disclosure except under certain circumstances.
HIPAA - Health Insurance Portability and Accountability Act. Penalizes wrongful disclosure of individually identifiable health information.
State Statutes Regarding University Records
KRS 61.991- Penalties for willfully concealing or destroying records with intent to violate the Open Records Law.KRS 171.720 - Requirement to notify Department for Libraries and Archives of actual or threatened unlawful removal, alteration or destruction of records, and to initiate action for recovery.
KRS 519.060 - Definition of and penalty for tampering with public records.
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