RECMGMT-L Archives

Records Management

RECMGMT-L@LISTSERV.IGGURU.US

Options: Use Forum View

Use Monospaced Font
Show Text Part by Default
Show All Mail Headers

Message: [<< First] [< Prev] [Next >] [Last >>]
Topic: [<< First] [< Prev] [Next >] [Last >>]
Author: [<< First] [< Prev] [Next >] [Last >>]

Print Reply
Subject:
From:
Dan Elam <[log in to unmask]>
Reply To:
Date:
Fri, 9 Mar 2007 15:47:25 -0500
Content-Type:
text/plain
Parts/Attachments:
text/plain (35 lines)
> 
> Is anyone aware of countries that do not allow records to be retained in
> an electronic format (including images)?  Or countries that specify that
> the original, paper document, must be maintained in addition to the
> image?

There are numerous examples.  In Bolivia, for example, some documents 
are not even accepted as photocopies.  There is an entire cottage 
industry of portable typerwriters used by people to recreate certain 
legal documents.

In very general terms, countries that operate under English Common Law 
(such as the US) operate under the 'best evidence rules' and allow just 
about anything to be produced if that is what is available.  Other 
countries do not have this approach.  French Napoleonic law, for 
example, operates under a basic premise that 'rights' are only those 
that are specifically granted by the government.  That means that 
documents cannot be produced from image unless the law expressly permits 
it.  These very issues have been a concern over ISO standards that are 
meant to be used world-wide:  the laws just don't work the same everywhere.

As you might guess, this is one reason multi-national corporations have 
a tough time:  compliance with the records-keeping requirements of one 
nation may conflict with another nation.  In rare situations, 
multi-nationals have used the legal differences as a form of protection. 
    For example, there is some evidentiary support to show that some 
tobacco companies kept sensitive records stored in foreign countries 
where the laws were more favorable to protecting information or not 
producing the information under discovery rules.

-Dan

List archives at http://lists.ufl.edu/archives/recmgmt-l.html
Contact [log in to unmask] for assistance

ATOM RSS1 RSS2