When contracting out information assets or responsibilities and functions agencies must comply with relevant standards to meet information keeping requirements under the State Records Act 1997 (SR Act).
Section 13 of the SR Act requires every agency ensure information assets in their custody are maintained in good order and condition.
Business activities carried out by a contracted service provider do not diminish your agency’s responsibility to ensure its information assets are managed adequately.
This obligation extends to the contracted service provider. Legal possession (and therefore ownership) of the information assets of the contracted business activity remains with your agency regardless of the custody (physical possession) arrangements.
Your agency must ensure that contracting arrangements include information management practices that meet the Government’s legislative obligations and requirements.
This ensures accountability under the SR Act and that the efficiency of agency and government administration is not diminished or compromised as a result of contracting.
Of particular importance are information assets that contain the personal affairs of any person.
In cases where sensitive or personal information are included as part of the contract then information management terms and conditions must be included.
The Contracting and Information Assets Standard and associated guideline support agencies to meet their information keeping requirements under the SR Act when contracting out their information management assets, responsibilities and functions.