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Subject:
From:
Larry Medina <[log in to unmask]>
Reply To:
Records Management Program <[log in to unmask]>
Date:
Fri, 20 Feb 2009 13:55:45 -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?

Must have been someone else using MY COMPUTER again!!  Yeah, I know the
Cardinal Rule, as I told someone else, don't post anything salient on a
Friday... and especially not on the 1st or 3rd Friday if you want any
California State Workers to see it! http://snipurl.com/cbajz  
>
>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.

If I read this correctly "...AFTER IT WAS FIRST GENERATED IN ITS FINAL FORM
AS AN ELECTRONIC RECORD..." then this is speaking about 'born digital'
records. correct?

>(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).

And again, if this is in reference to subsection (a) and I read it
correctly, we're STILL talking about 'born digital' records, and what it
says here is you don't HAVE TO PRINT IT to produce it, if it was originally
created electronically.

>(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.

And once again, the subsection (a) reference ties it back to 'born digital'
records.

Like I said before, NOT a lawyer, don't play one on TV, and didn't stay at a
Holiday Inn Express last night, 
http://www.youtube.com/watch?v=UXhSTMSol4I , but I think I'm interpreting
this correctly. 

Larry
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