Well I ain't no big city lawyer but....
 
If I remember correcty the record may not be discounted simply because it is in electronic format. However the record integity may be challenged if you have not conformed to standard capture and storage practices. The rub comes if your organization is required to create and store a particular record or record series and you cannot, with a high degree of certainty assert that the record is as it was prior to capture. If your capture and storage procedures are sub-standard you may be alright in court under the "next best evidence rule" but out of compliance because you cannot verify thta the image is as it was in hardcopy. If your prcatices have been, or are, sub standard I would strongly suggest you keep your hardcopy until you can verify the images. Another factor is that if auditors determine a functional unit is not up to standard your entire implementation may be challenged. 
 
Larry pointed out some of the various elements of an implementation and the importance of planning for them. Even more critical is maintaining the documnetation on your processes. Auditors ar enot amused when you tell them you veriied each image but did not account for it in your documentation. 
While I mention auditors, we are much more likely to trip accross issues with them than lawyers. they keep abreast of issues more, are less concerned with the legality of these types of issues that attorneys and more likely to hammer us on waste, poor process and lack of accountability. I would suggest you bring your internal auditor in on this issue, bring them up to speed and listen to their suggestions. 
 
Chris Flynn
 
 

 The "best evidence rule" may require you to present them *IF* you have them.
> 
> The other thing that has come up here in this discussion time and again is
> to determine the cost benefits of converting source materials before doing
> it. Digitizing can cause more problems than it solves- and the cost/benefit
> isn't always there. First, you need to consider the value of the information
> contained in the source materials and the required retention. If the value
> is low and the retention period is short, why not simply maintain them in
> the original form, supported by a clear index that tells you how to locate
> them, then discard them when no longer required for legal and/or business use?
> 
> If the value is high and the retention period is long, digitizing is one
> possible alternative. But so is making a second copy that is stored in a
> secondary location to avoid potential damage in a catastrophe and again,
> support them with a clear index that tells you how to locate them.
> 
> Where there is a benefit to digitizing is if the value is high, multiple
> people in multiple disparate locations need simultaneous access, and the
> retention period is long or even relatively short (up to 7 years). You will
> STILL need to develop a detailed index to gain access and there may STILL be
> a value in retaining the source materials as a backup in the event of a
> failure of your electronic repository... but the images become your primary
> reference source.
> 
> There are extensive costs related to imaging, far beyond the labor to
> prepare and capture the images, build the index, verify the accuracy of the
> data, purchase storage equipment, generate backups, periodically
> replace/refresh the media, convert and migrate the content to new formats as
> required over its retention period, etc.
> 
> Larry
> [log in to unmask]
> 
> Excerpt from 36CFR, Part 1236 "Electronic Records Management"
> 
> § 1236.12 What other records management and preservation considerations must
> be incorporated into the design, development, and implementation of electronic
> information systems?
> As part of the capital planning and systems development life cycle
> processes, agencies must ensure:
> (a) That records management controls (see § 1236.10) are planned and
> implemented in the system;
> (b) That all records in the system will be retrievable and usable for as
> long as needed to conduct agency business (i.e., for their NARA- approved
> retention period). Where the records will need to be retained beyond the
> planned life of the system, agencies must plan and budget for the migration
> of records and their associated metadata to new storage media or formats in
> order to avoid loss due to media decay or technology obsolescence. (See §
> 1236.14.)
> (c) The transfer of permanent records to NARA in accordance with part 1235
> of this subchapter.
> (d) Provision of a standard interchange format (e.g., ASCII or XML) when
> needed to permit the exchange of electronic documents between offices using
> different software or operating systems.
> 
> § 1236.14 What must agencies do to protect records against technological
> obsolescence?
> Agencies must design and implement migration strategies to counteract
> hardware and software dependencies of electronic records whenever the
> records must be maintained and used beyond the life of the information
> system in which the records are originally created or captured. To
> successfully protect records against technological obsolescence, agencies must:
> (a) Determine if the NARA-approved retention period for the records will be
> longer than the life of the system where they are currently stored. If so,
> plan for the migration of the records to a new system before the current
> system is retired.
> (b) Carry out upgrades of hardware and software in such a way as to retain
> the functionality and integrity of the electronic records created in them.
> Retention of record functionality and integrity requires:
> (1) Retaining the records in a usable format until their authorized
> disposition date. Where migration includes conversion of records, ensure
> that the authorized disposition of the records can be implemented after
> conversion;
> (2) Any necessary conversion of storage media to provide compatibility with
> current hardware and software; and
> (3) Maintaining a link between records and their metadata through conversion
> or migration, including capture of all relevant associated metadata at the
> point of migration (for both the records and the migration process).
> Ensure that migration strategies address non-active electronic records that
> are stored off-line.
> 
> List archives at http://lists.ufl.edu/archives/recmgmt-l.html
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