Can a Tennessee district attorney general's office digitize its paper case files for storage and then shred the originals?

Plain-English summary

District Attorney General James Woodall asked the AG two practical questions about modernizing his office's file system: can the office digitize paper case files for electronic storage, and if so, can it destroy the original paper afterward.

The AG's answer was the same to both: yes, but only through the Tennessee Public Records Commission's records-disposition process. The DA's case files are state records (the DA is a state official under Jordan v. Knox County, and § 10-7-301(1) defines state records broadly to cover documents "regardless of physical form" made by a governmental agency in connection with official business). The "disposition" of state records, which the statute defines to include both "preservation by photographic or other reproduction processes" and "outright destruction" (§ 10-7-301(3)), can occur "only through the process of an approved records disposition authorization" (§ 10-7-509).

So the DA cannot unilaterally scan paper files and shred the originals. He has to submit a records disposition authorization (RDA) request to the Public Records Commission. If the request includes destruction of the originals, the Commission must approve unanimously (§ 10-7-303(d)). With approval, the office can digitize and destroy. Without approval, the DA is bound by the default retention rules for paper files.

This is not unique to district attorneys; it is the general Tennessee rule for state records management. The opinion is useful as a clear, concise statement of the rule for anyone running a Tennessee state office holding paper files.

Currency note

This opinion was issued in 2015. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: Why does scanning to electronic format need authorization at all?
A: Because § 10-7-301(3) defines "disposition" to include "preservation by photographic or other reproduction processes," not just destruction. Reformatting is itself a form of disposition under the statute, and the Public Records Commission is the body that approves disposition.

Q: Could the DA keep paper files indefinitely and just add electronic copies?
A: The opinion did not address whether merely making a duplicate, without intending to substitute it for the original, would require an RDA. The literal text of § 10-7-301(3) reads on "preservation by . . . other reproduction processes," which arguably catches even unsubstituted duplicates. The safer course is to seek RDA approval for any program-wide reformatting.

Q: What does the Public Records Commission look at when approving an RDA?
A: The opinion does not detail the Commission's substantive review. In practice, RDAs identify the record series, the disposition (transfer, destroy, preserve, reformat), and the retention period; the Commission balances administrative efficiency against historical, legal, and constitutional needs.

Q: Could the DA reduce paper without destroying it (e.g., off-site warehouse)?
A: Movement to off-site storage typically does not require an RDA, only the reformatting and destruction aspects do. But that is a question about which the opinion does not directly opine.

Background and statutory framework

Tennessee's state records law (Tenn. Code Ann. §§ 10-7-301 et seq.) treats records management as a state-controlled function. "State records" is broadly defined to include all documents in any physical form created or received by a state agency in connection with official business (§ 10-7-301(1)). Disposition, broadly defined to include preservation in alternate format and destruction (§ 10-7-301(3)), runs through the Public Records Commission (§ 10-7-302).

The unanimous-Commission-approval rule for destruction (§ 10-7-303(d)) is a procedural safeguard against premature loss of records. The single-channel rule that "disposition of all state records shall occur only through the process of an approved records disposition authorization" (§ 10-7-509) is meant to prevent each agency from independently deciding what to keep and what to discard.

The DA is a state official, not a county official (Jordan v. Knox County), so the state records framework applies despite the DA's day-to-day local presence.

Citations and references

Statutes:

• Tenn. Code Ann. § 10-7-301 (definitions, including "state records," "disposition," and "records disposition authorization")
• Tenn. Code Ann. § 10-7-302 (Public Records Commission authority)
• Tenn. Code Ann. § 10-7-303(d) (unanimous Commission approval for destruction)
• Tenn. Code Ann. § 10-7-509 (RDA as sole authorized disposition path)

Cases:

• Jordan v. Knox Cnty., 213 S.W.3d 751 (Tenn. 2007) (DA is a state official)

Related AG opinions:

• Tenn. Att'y Gen. Op. 99-186 (Sept. 17, 1999) (DA's state-official status)

Source

• Landing page: https://www.tn.gov/attorneygeneral/opinions.html
• Original PDF: https://www.tn.gov/content/dam/tn/attorneygeneral/documents/ops/2015/op15-80.pdf

Original opinion text

STATE OF TENNESSEE
OFFICE OF THE ATTORNEY GENERAL
December 17, 2015

Opinion No. 15-80

Electronic Storage of Case Files by District Attorney General

Question 1

May a district attorney general reformat case files from their original paper format to electronic format for storage?

Opinion 1

Because a district attorney general's case files are state records, a district attorney general may reformat case files from paper format to electronic format only pursuant to a records disposition authorization that has been approved by the Tennessee Public Records Commission.

Question 2

If a district attorney general reformats case files from paper format to electronic format for storage, may the original paper versions of the case files be destroyed?

Opinion 2

A district attorney general may destroy the original paper versions of case files only pursuant to a records disposition authorization that has been approved by the Tennessee Public Records Commission.

ANALYSIS

A district attorney general is a state official. See Jordan v. Knox Cnty., 213 S.W.3d 751, 782 (Tenn. 2007); Tenn. Att'y Gen. Op. 99-186 (Sept. 17, 1999). Case files created by a district attorney general or his or her employees in connection with the performance of their official duties consequently are state records. See Tenn. Code Ann. § 10-7-301(1) (defining "state record or records" to mean "all documents, papers, or other material, regardless of physical form or characteristics, made or received pursuant to law or ordinance or in connection with the transaction of official business by any governmental agency").

The disposition of state records, which includes the "preservation of the original records in whole or in part, preservation by photographic or other reproduction processes, or outright destruction of the records," Tenn. Code Ann. § 10-7-301(3), falls under the authority of the Tennessee Public Records Commission. See id. § 10-7-302 ("It is the duty of the commission to determine and order proper disposition of state records."). "The disposition of all state records shall occur only through the process of an approved records disposition authorization." Id. § 10-7-509. A "records disposition authorization" is "the official document utilized by an agency head to request authority for the disposition of records" from the Public Records Commission. Id. § 10-7-301(8). In short, Tennessee law requires a state agency to obtain approval for the disposition of state records, including their reproduction to a different format or their destruction, by submitting a records disposition authorization request to the Tennessee Public Records Commission.

The reformatting of a district attorney general's case files from paper format to electronic format for storage constitutes "preservation by photographic or other reproduction process" and therefore is a disposition of state records that must be approved by the Tennessee Public Records Commission. A district attorney general may seek such approval by submitting a records disposition authorization request to the public records commission. The destruction of the original paper version of case files also constitutes a disposition of state records that likewise must be approved by the Tennessee Public Records Commission pursuant to a records disposition authorization. See Tenn. Code Ann. § 10-7-303(d) ("No record or records shall be scheduled for destruction without the unanimous approval of the voting members of the public records commission.").

In sum, a district attorney general who wishes to convert paper case files to electronic format for storage and then destroy the original paper files may do so only if the Tennessee Public Records Commission has approved those measures as part of a records disposition authorization.

HERBERT H. SLATERY III
Attorney General and Reporter

ANDRÉE SOPHIA BLUMSTEIN
Solicitor General

SARAH K. CAMPBELL
Special Assistant to the Solicitor General and the Attorney General

Requested by:
The Honorable James G. Woodall
District Attorney General
State of Tennessee, 26th Judicial District
P.O. Box 2825
Jackson, TN 38302