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>> records and information management professional does not have the "credentials" to legally define the difference between what is considered a "record" and what is "information"<<

DISCLAIMER:  I AM NOT AN ATTORNEY AND DO NOT PROVIDE LEGAL ADVICE.

I suspect he is right, we do not have the credentials.  As I understand the law, those of us who are not lawyer, cannot provide legal advice.  Legally defining the difference would likely be stepping into restricted territory.

On the other hand, providing a definition that has been created and/or reviewed by an attorney(s) who are expert(s) in the field is prudent, acceptable and the responsible thing to do.

I suspect your experience has a lot to do with why my brother (an experienced Compliance attorney) ends his presentations with the legal advice that individuals should seek competent counsel.  The emphasis here is competent.  For my money, the record definitions provided by Don Skupsky, or one of the other dozen or so experienced attorneys in our collective space is likely much more competent than the meanderings of a recent admit to the BAR.

Just my thoughts...

Bill Roach, CRM

Opinions are my own and not those of my employer or any other individual or entity.

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