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Subject:
From:
"Link, Gary M." <[log in to unmask]>
Reply To:
Records Management Program <[log in to unmask]>
Date:
Fri, 20 Feb 2009 13:21:48 -0500
Content-Type:
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Say, Larry, what's the big idea of posting a reasoned, informed answer,
including citations, AND about Records Management, to the RM list on a
Friday anyway? 

As long as were stating facts, here's the text of Pennsylvania's
Electronic Transaction Act:

"Section 308.  Retention of electronic records; originals.

(a) Requirement. - Subject to subsection (b), if a law requires that a
record be retained, the requirement is satisfied  by retaining an
electronic record of the information in the record which:
(1) accurately reflects the information set forth in the record after it
was first generated in its final form as an electronic record or
otherwise; and
(2) remains accessible for later reference.

 ...

(d) Originals. - If a law requires a record to be presented or retained
in its original form, the law is satisfied by an electronic record
retained in accordance with subsection (a).

...

(f) Evidence; audits. - A record retained as an electronic record in
accordance with subsection (a) satisfies a law requiring a person to
retain a record for evidentiary, audit, or like purposes."


Gary Link, CRM
Pittsburgh, PA



-----Original Message-----
From: Larry Medina [mailto:[log in to unmask]] 
Sent: Friday, February 20, 2009 11:06 AM
To: [log in to unmask]
Subject: Re: [RM] Media Type Requirements - or Paper vs. Plastic...

>There is thread on the list which touches on this topic, dated 
>September 6, 2008 (search the archives and use "word and pdf" as search

>parameters).

I get a real warm, fuzzy feeling when people take the time to cite
chapter and verse for locating content on topics discussed previously in
the Archives =)

>I cannot point you in the direction of any regulatory requirements, but
>I can tell you the conclusion we came up with here.   When a document
>exists in both paper and digital format, we consider the paper the 
>record copy, as  a) it is more difficult to alter, and  b) we cannot 
>guarantee that we will be able to successfully retrieve the document at

>any future point, due to possible corruption during migration, obsolete

>software or hardware...

The only thing I'm aware of that addresses this in a published source
you can hold up is BIP008, "Legal Admissibility of Scanned Documents"
which is called a standard, but is more of a practice document from the
BSI series.

And YES, this is a BIG 'it depends' issue... 

In the US Federal arena, guidance is in 36CFR, Part 1234 on the
management of records in electronic format and storage on electronic
media. The criteria for the creation and use of textual documents as
official records is in 1234.22; issues related to evidence are in
1234.26; selection and use of media for storage in 1234.30; and
retention and disposition in 1234.32, which calls for "...regular
recopying, reformatting, and other necessary maintenance to ensure the
retention and usability of electronic records throughout their
authorized life cycle." 

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