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Lesson 3: Distinguishing Between Public Records and Non-Records

Authorized User Training

The State Records Center (SRC) will only store records that fall under a current records retention schedule and have not yet reached the end of their retention period according to that schedule. To properly use the SRC services, it is important to understand the difference between records and non-records. The definition of public records and non-records for the purpose of records management is based on Wis. Stat. § 16.61(2)(b).

Public Records

Several people sitting around a table with paper, notebooks, and eyeglasses on the table
Photo by Jeff Miller/UW-Madison

Public records typically document the activities and actions of the University, are mandated by statute or regulation, support legal or financial claims, or communicate organizational requirements and must be produced during a public records request. 

Public records include all materials, regardless of physical form or characteristics, created or received by any state agency, its officers or employees in connection with the transaction of public business on behalf of the university. A record is not defined by its format but by its content and can include, but is not limited to, books, papers, maps, photographs, films, recordings, optical discs, electronically formatted documents, or other documentary materials.

Non-Records

Non-Records are items that do not meet the definition of a public record as defined by Wisconsin statutes. As such, they are not managed by records schedules and may be disposed of when no longer needed. 

Non-records include materials such as:

  • Reference materials
    • Books
    • Catalogs
    • Directories
    • Reports downloaded from peer institutions for personal study
  • Copies
    • There is always one “official record” of an item and all other copies are considered “convenience copies”
    • The Office of Record typically manages the “official record” according to its records retention schedule.
    • EX: You receive or download a copy of the University’s budget. You have a copy of that report and it is not a record for you. You can delete it once you’ve read it.  
    • EX: As a member of a working team, you receive meeting minutes and agendas prior to each meeting. The owner of the meeting manages the “official record” for the meeting agendas and minutes. You have a copy and it is not a record for you. You can delete it once you no longer need it. 
  • Drafts or working papers without substantive comments
  • Notices or invitations that were not solicited
    • Emails from a mailing list at UW-Madison like “Working at UW” or a professional organization
    • Generic, non-business-related mail or email from people or groups that you didn’t request 
  • Personal notes
    • If you take notes on a presentation or during a meeting for example, those are your own personal notes and are not public records. If you share those notes with others, they become a public record and must be managed under the appropriate schedule. 
  • Personal property
    • If you have a picture of your pet or family in your office, that is personal property and not a public record.

Note

If you do work for your job at UW-Madison on a personal device, the work records you have created and stored on that device are public records and may be subject to disclosure under the Wisconsin Public Records Law. If you have work records that are stored in the cloud and are merely accessible using apps installed on a personal device, but they are not stored or saved only on your personal device, your personal device would not be included in a Wisconsin Public Records request for those records. Sending a text or email message related to your job from personal accounts (a personal Gmail account for example) is an example of a record that is often only saved on a personal device, and thus your personal device might be subject to a Wisconsin Public Records request for that record.

Check Your Understanding

True or False: Non-records are anything you create or receive in the course of your position at the University, and vary by format.

Correct! Non-records are items that do not meet the definition of a public record as defined by Wisconsin statutes.
Incorrect. Public records are all materials, regardless of physical form or characteristics, created or received by any state agency, its officers or employees in connection with the transaction of public business on behalf of the University.