Back-Up Records

1. Law
2. Georgia Code
3. Courts
4. Superior Courts
5. Clerks of Superior Courts
6. Back-Up Records

1. As used in this Code section, the term:
   1. "Authority" means the Georgia Superior Court Clerks' Cooperative Authority.
   2. "Back-up record" means an electronic copy of any record that a clerk of superior court is required to create pursuant to Code Sections 15-6-61 and 15-6-62.
2. A clerk of a superior court electing to record in digital format any record of which he or she is the custodian shall maintain a back-up record in at least two ways:
   1. By the clerk permanently retaining the back-up record on the clerk's secure file server, either controlled and operated by the clerk or personnel employed by the clerk or provided for the exclusive benefit of the clerk's office through a contractual relationship between the clerk and a public or private entity for such purpose; and
   2. By the clerk submitting all digitally formatted records that the clerk is statutorily authorized and required to archive with the authority for permanent archiving, as set forth in subsection (c) of this Code section.
3. The clerk of superior court shall submit the clerk's records to the authority in a format acceptable to the authority at least monthly, but not later than the fifteenth day following the last day of each month. Upon receipt of such records, the authority shall permanently and securely maintain such records. Excluding records to which the authority is required by law to provide online access, the authority shall not provide access to or copies of records maintained by it to any person requesting such records without the express written approval of the clerk of superior court who originally maintained such records. All requests for access to such records shall be made to such clerk.

(Code 1981, §15-6-62.1, enacted by Ga. L. 2001, p. 1001, § 3; Ga. L. 2013, p. 594, § 2-6/HB 287; Ga. L. 2015, p. 1065, § 2-2/SB 135.)

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