One overlooked post or deleted comment could spell trouble for your organization. Discover why compliant social media recordkeeping is a legal necessity and how to stay on the right side of US law.
Brolly team
23 January 2025
Imagine this: your organization has a strong social media presence that engages thousands of users daily. But if you have one missed record or undocumented interaction, you could find yourself on the wrong side of US law. Non-compliance with social media recordkeeping and public records laws can lead to hefty fines, legal ramifications, and reputational damage. But does every direct message (DM) and comment come under the legislation? How can you ensure your organization is fully compliant without drowning in administration?
Why social media recordkeeping is crucial
‘If you can’t afford insurance, you can’t afford to travel’. Makes sense. The same sentiment applies to recordkeeping and social media, especially for government organizations, corporations, and high-profile individuals in the public eye. It’s critical for transparency, accountability, and governance.
Let’s face it, social media is 24/7, interactive, and often spontaneous. It generates a vast amount of content that can quickly appear or be edited without a trace.
But every interaction is considered an official record and subject to US federal and state recordkeeping legislation.
US recordkeeping laws, authorities, and regulations you need to know
To remain compliant, you need to comply with both federal and state public records laws. There’s quite a lot to get your head around, but here are some information governance laws you should know:
On a federal level, there is the Freedom of Information Act – a critical piece of legislation that outlines public access to public documents.
Its name and exact requirements vary between states, but they all outline how public records are managed. Providing the full list would not make for fun reading! So, we’ve provided a few examples below:
Self-described as ‘the nation’s recordkeeper’, NARA keeps Federal records deemed to have continuing value (think maps, photos, and more).
NARA needs to manage digital records just as fervently as traditional records. The Electronic Records Archive is how they do it.
If you work for a US federal agency, this is a key piece of legislation you should be familiar with as it governs all records management.
All these acts outline how your organizations should manage accurate records of your activities.
But if you expect your social media or information management teams to manage your recordkeeping, it can be very costly, very time-consuming, and subject to human error.
An immediate, easy and seamless solution (needing none of your effort or input!) is a digital records archiving solution. More on this shortly.
If you’re wondering, ‘Does my organization really need a social media archiving tool?’
Let’s look at what happens if you fail to comply with public records laws…
What if my organization doesn’t comply with US recordkeeping legislation?
Serious consequences can include:
We could cite many examples, but here’s one that set a precedent and arguably changed public records practices.
In 2017, Californian government officials used private email accounts, text messages, and social media to conduct public business. However, these records were not maintained as stipulated by the California Public Records Act.
The California Supreme Court ruled that all records related to public business, including social media, must be disclosed. This was considered a ‘landmark ruling’, ensuring public records laws continue to be enforced and relevant, even in social media.
It’s a cautionary tale – if you don’t have a compliant public records archive solution, your organization could be unable to defend your actions or prove their innocence.
How a social media archiving tool ensures compliance
Given the complexity of the legislative landscape in the US and the potential pitfalls when you fail to comply, it’s clear that organizations need a robust solution for digital records management.
This is where a social media archiving tool becomes invaluable.
Brolly (that’s us!) offers a seamless, secure, and efficient way to ensure compliance with all relevant US recordkeeping legislation.
Trusted by government organizations across the USA, Singapore, Australia and New Zealand, Brolly will help you safely and securely manage your social media records.
This article was written by the team at Brolly. We’re a creative bunch, and we love social media archiving. Like most of the things we do here, this article was crafted with care and attention to detail. If you spot an error, or want to know more, don’t be afraid to reach out and say hello. We’d love to hear from you.
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