Archived Web Content

Web content at U-M is required to meet recognized accessibility standards by the compliance date and after. This applies broadly to online materials and websites.

However, some archived web content that was created prior to the compliance date, is not actively used, and meets certain requirements may be considered an exception, as described below.

Archived web content is narrowly defined in the regulations for Title II of the Americans with Disabilities Act as superfluous or outdated content that is kept in a dedicated area solely for reference and not altered after being archived (Paragraph 245). There is an exception to the Title II regulations for archived web content, described below. In order to be eligible for the archived web content exception, content must meet four requirements established in the regulations. 

Exception Requirements

In order to make a claim that content is archived web content, the content must meet four requirements.

Before reviewing the four requirements, consider whether the web content is currently being used as part of a program, service, or activity of your unit. If the answer is yes, then this is not archived web content, no exceptions apply, and the content must be accessible.

To be eligible for the archived web content exception, the content must meet the definition of archived web content outlined in the regulations, which includes a four step analysis. If any steps are not clearly met, then the content is not archived web content, and must be made proactively accessible, unless it meets another exception in the Title II regulations, as detailed in section 35.200 of the updates to the regulations.

To qualify for the archived web content exception, the web content must meet ALL of the following requirements:

  1. Created before the date the public entity is required to comply with subpart H of [Title II of the ADA], reproduces paper documents created before the date the public entity is required to comply with subpart H, or reproduces the contents of other physical media created before the date the public entity is required to comply with subpart H; AND
  2. Retained exclusively for reference, research, or recordkeeping; AND
  3. Not altered or updated after the date of archiving; AND
  4. Organized and stored in a dedicated area or areas clearly identified as being archived.

This definition is provided in section 35.104 of the updates to the regulations.

In general, if you make substantial updates to a piece of web content immediately prior to archiving a piece of content, it would be inappropriate to designate it as archival content (Paragraph 248). Minor edits, such as removing or redacting personally identifiable information, can be made both before and after the compliance date. However, if substantial updates are made prior to archiving, the content is not suitable for archival designation. Instead, consider:

  • Making the content accessible
  • Removing it from publication if it is no longer needed to access University of Michigan programs, services, or activities.

If you are unsure whether your content qualifies as archived web content, contact the DEO for guidance.

Accommodations & Requests

Even if specific archived content qualifies for an exception, it must still be made accessible when requested by a user who needs an accessible version. Units should be prepared to respond to requests by having a clear, actionable process in place to provide accessible versions of archived materials.

Key expectations:

  • Archived content is not exempt from other ADA requirements, which require that organizations be responsive to requests for accommodations.
  • Upon request, units must deliver content in a format that meets the individual's accessibility needs.
  • Each archival area should include instructions for how to request accessible versions. Internal processes should allow for timely fulfillment of such requests.

Examples

  • PDFs of old meeting minutes, retained for recordkeeping, and stored in an archived section of a website would likely be considered archival web content and would not need to be made accessible, unless or until requested.
  • Old video content that has not been updated, is not actively used, and is stored in a dedicated archival area would likely be considered archival web content.
    • Tagging videos, changing title to archived, or adding to an archived playlist might be a sufficient way to create a dedicated archived area.

References

FAQ

Can PDFs or other Conventional Electronic Documents be considered archived web content?

Based on the DOJ discussion of the updated Title II regulations, examples provided in the update, and definitions of web content used in the past, it is likely that digital documents posted to websites may be considered within the scope of archived web content. Any such documents would need to be reviewed according to the exception requirements and, if they qualify,  placed in a designated archived area of a website.

Can video content be considered archived web content?

Yes, video may be within the scope of archived web content. To qualify for the exception, video content would need to meet all four exception requirements, and be stored in a designated archived area of a website. It is important to consider how to clearly indicate that the video is archived. Adding archived to the video title and tag is likely sufficient.

Do I have to use a dedicated archived web content section to host my content that meets the analysis?

Yes. This is required by the Title II Regulations. Clearly indicating which parts of the website contain “archived” content helps all users find relevant information and also warn users that archived sections may contain inaccessible content.

However, there is some ambiguity provided by the regulations on what is considered a "dedicated area" (Paragraph 260). A hub or section on a website containing all archived web content would certainly be a dedicated area.

Using a clear tagging system, website banner, or other mechanism may be appropriate, as long as it is evident that the content is archived, and similar conventions are used throughout University of Michigan websites. Systems that may be appropriate include: adding archived to a video title, tagging articles as archived web content.

Am I allowed to remove personally identifying information from archived web content that meets this exception, even after it has been archived?

Yes, you may make minor adjustments to archived web content, such as redacting information.

The word “archived” or “archival” has a very specific definition in my work. Can I use that same definition when determining whether my web content qualifies as archived content under this policy?

No. Archived web content is defined in the Title II regulations as superfluous or outdated content that is kept in a dedicated area solely for reference and not altered after being archived. While "archived" has other definitions, especially in academic contexts, archived web content that is eligible for exceptions under Title II is more narrowly defined.

I received a request to make archived web content accessible. Can I ignore this request as it is archived web content?

No. Units that archive web content under the definitions provided by Title II regulations must still have an actionable plan in place for providing reasonable accommodations, including providing that web content in an accessible manner. Please contact DEO if you are unsure how to proceed upon receiving such a request.