On Thu, Feb 19, 2009 at 4:07 PM, Greene, Ben <[log in to unmask]> wrote:

>
> My questions:  can anyone point me to any guidance or resources regarding
> maintaining a hard copy and imaged copy of a record?  Are there any
> regulations that address this issue (particularly in the financial
> industry)?
>

need some clarification here
Are you asking for guidance or resources that say you must keep both the
hard copy and the imaged copy of a record? or are you seeking information
that says you only need to keep one?

Off hand I believe there are only a handful of laws that specify that a
hardcopy paper record must be retained after filming or imaging. These are
usually at the state level if IIRC (and I haven't searched my resource files
yet)

If there are no applicable laws or regulations your organization can fall
back upon what is known as the Best Evidence Rule. Now I am not an attorney
nor do I stay at Holiday Inns (have too many points at Hilton) but here are
some definitions
"A rule of evidence<http://www.nolo.com/definition.cfm/term/4074F074-A383-40A9-A314301B35C39470>that
demands that the original of any document, photograph or recording be
used as evidence at trial, rather than a copy. A copy will be allowed into
evidence only if the original is unavailable. "
http://www.nolo.com/definition.cfm/Term/9F05F53B-A000-495B-8ADDDD52F83C3E02/alpha/B/

"There are four traditional types of evidence. They include real,
demonstrative, documentary, and testimonial."
http://www.associatedcontent.com/article/227119/the_best_evidence_rule_what_is_it.html

more can be found via this google search
http://www.google.com/search?hl=en&q=%22best+evidence+rule%22&aq=0&oq=%22best+evidence

so basically if you image your records ie scan them you can (and as LarryM
pointed out you need a policy and procedure supporting your decision) throw
out the paper.

Now a lot of this derives from similar discussions decades ago when
microfilm (fiche, roll or whatever format) began being used more and more as
a business tool. The same discussions came up when optical disk came into
greater usage. For a discussion on that see this article by Donald Skupsky
http://media.hypersites.com/clients/989/filemanager/articles/articl13.pdf

He also wrote the following, but I can' find them online
"The Legal Status of Microfilm and Other Duplicate Records"
"Legality of Computer and Computer Output Microfilm Records"

you should also seek out and read
"Uniform Photographic Copies of Business and Public Records As Evidence Act"
Feel free to dig through here for it
<<
http://www.google.com/search?hl=en&q=%22Uniform+Photographic+Copies+of+Business+and+Public+Records+As+Evidence+Act%22&btnG=Search
>>



-- 
Peter Kurilecz CRM CA
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Richmond, Va
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