With all of the usual disclaimers (Holiday Inn, TV, etc.) while I agree
with most of what you say, Larry, I think it can be expanded to include
records NOT born as electronic. You left off the "or otherwise" in the
statute when you analyzed it.  I believe that the general rule is that
as long as all of the necessary authenticating information is retained
in the electronic copy of the original paper document, it satisfies the
court's requirements.  Again with the "I'm no expert" disclaimers, isn't
that why courts pay so much attention to metadata?  Because it can
provide proof of the authenticity of a piece of evidence?

 

Margie

Margaret M. deMarteleire

HR/FLSA Analyst

CDI Corporation

1717 Arch Street, 35th Floor

Philadelphia, PA 19103

(215) 636-1219

 

 

-----Original Message-----
From: Records Management Program [mailto:[log in to unmask]] On
Behalf Of Larry Medina
Sent: Friday, February 20, 2009 1:56 PM
To: [log in to unmask]
Subject: Re: FW: [RM] Media Type Requirements - or Paper vs. Plastic...

 

>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?

 

>"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.

 

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

[log in to unmask]

 

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