Disclosure of original records

Under 70.6(a), no — an original DOL record or file in the custody of the Department will not be given to an outside agent, attorney, or other person unless the Secretary, the Solicitor of Labor, or the Inspector General gives written consent (70.6(a)).

• This rule applies to originals in the custody of the Department, so you cannot hand over the original file to an outside company attorney without that written authorization.
• If you think the original must be released, follow your component’s process to request written consent from one of the three named officials.

Cited standard: Disclosure of originals — 70.6(a).

Under 70.6(b), yes — the official who authorizes release must ensure that a copy of the document or file is retained in the component that had custody or control when the original is released (70.6(b)).

• Keep a clear, complete copy in the custody component so the Department maintains a record.
• Retention of the copy is mandatory under the standard; the form of the copy (electronic or paper) should preserve the content and context of the original.

Cited standard: Disclosure of originals — 70.6(b).

Under 70.6(a), the written consent to release an original record or file must come from one of three officials: the Secretary of Labor, the Solicitor of Labor, or the Inspector General (70.6(a)).

• Only written authorization from one of these named officials permits release of originals to persons not officially connected with the Department.
• Requests for release should be routed through the appropriate DOL component channels so the component can seek the required written consent if warranted.

Cited standard: Disclosure of originals — 70.6(a).

Under 70.6, the rule does not provide a technical definition of "original record or file," so any item treated by the Department as the original should be protected under the rule whether paper or electronic (70.6).

• Treat the Department’s designated original—whether a signed paper document, the sole master electronic file, or a custody-controlled physical file—as an "original."
• If you are unsure whether an item is an original, consult your component records manager or legal counsel before releasing it.

Cited standard: Disclosure of originals — 70.6.

Under 70.6(a), no — a subpoena does not override the requirement: an original record in the Department’s custody still cannot be given to a person not officially connected with the Department without written consent from the Secretary, the Solicitor of Labor, or the Inspector General (70.6(a)).

• If a subpoena requests an original, forward the subpoena to your component counsel and the appropriate DOL official so the component can seek the required written consent or advise on lawful alternatives (for example, producing a copy).
• Consider producing certified copies or redacted copies where allowed instead of releasing originals.

Cited standard: Disclosure of originals — 70.6(a).

Under 70.6(a), yes — originals may be given to persons who are officially connected with the Department without the special written consent required for outsiders (70.6(a)).

• "Officially connected" generally means Department employees, contractors or attorneys acting in an official DOL capacity and with proper authorization.
• If there is any doubt whether someone qualifies as "officially connected," verify their status with your component’s records or legal office before releasing an original.

Cited standard: Disclosure of originals — 70.6(a).

Under 70.6, the rule specifically bars release of originals to persons not officially connected with the Department without written consent, but it does not itself prohibit providing copies; other Department rules and statutes govern the production of copies (70.6).

• If an outside party requests records, consider producing copies in accordance with applicable policies such as FOIA or component disclosure procedures rather than releasing originals.
• Always confirm with your component legal or records office which types of copies may be released and whether redaction or other safeguards are needed.

Cited standard: Disclosure of originals — 70.6.

Under 70.6(b), the authorizing official must ensure that a copy of the document or file is retained in the component that had custody and control at the time the original was released (70.6(b)).

• Retain a complete, reliable copy (electronic or hard copy) that preserves the content and context of the original.
• Document the release and where the retained copy is stored so the Department’s records remain intact for future reference.

Cited standard: Disclosure of originals — 70.6(b).

Under 70.6, yes — components should have an internal procedure for routing requests for release so the component can obtain the required written consent from the Secretary, the Solicitor of Labor, or the Inspector General when appropriate (70.6).

• A written internal process helps ensure requests are evaluated, legal review is obtained, and the custody component retains a copy if release is approved.
• Coordinate with the component’s legal, records, and management offices to document roles, approval steps, and recordkeeping.

Cited standard: Disclosure of originals — 70.6.

Under 70.6, if an original is released without the required written consent, the component should promptly notify its legal counsel and the appropriate DOL official and ensure that a copy of the released record is retained in its custody as required by 70.6(b) (70.6(a) and 70.6(b)).

• Document the circumstances of the release, preserve any communications and chain-of-custody information, and seek guidance on remediation from counsel.
• Where possible, obtain written acknowledgment of custody and return arrangements from the recipient; maintain the retained copy in your records.

Cited standard: Disclosure of originals — 70.6(a) and 70.6(b).

Under 70.6(a), the rule allows originals to be given to persons "officially connected with the Department" without the special written consent; however, giving an original to another federal agency that is not officially connected will still require written consent from one of the three named officials (70.6(a)).

• If the receiving federal agency is acting in an official, recognized, Department-approved capacity (i.e., officially connected), release may be permissible under component policy.
• When in doubt, route the request through legal/records channels to determine whether written consent is needed from the Secretary, the Solicitor, or the Inspector General.

Cited standard: Disclosure of originals — 70.6(a).

Under 70.6(b), the retained copy should be a faithful and reliable reproduction of the original released document or file and should be stored by the custody component in a manner that preserves its integrity (70.6(b)).

• Use formats and storage practices that prevent alteration (for example, controlled electronic records systems or secure physical filing) and record where the copy is held.
• Document the retained copy’s metadata (date, who copied it, and justification for release) to support future audits or legal needs.

Cited standard: Disclosure of originals — 70.6(b).

Under 70.6, you should first contact your component’s legal counsel or records manager before taking any steps, because originals that are sensitive or classified require special handling and the standard forbids releasing originals to outside parties without written consent from a named official (70.6).

• Legal counsel can advise whether the document is properly an original, whether release is permitted, and the correct route to seek written consent from the Secretary, the Solicitor, or the Inspector General.
• Do not transfer the original until counsel and the named official(s) have provided appropriate written authorization.

Cited standard: Disclosure of originals — 70.6.