This goes back to the beginnings of the best evidence acts in the U.S.
and other English "common law" based countries.  A duplicate (microfilm
image, electronic image, certified photocopy) or facsimile (fax,
certified photocopy, printout from an electronic file) can be admitted
as evidence in lieu of the original paper, if the original paper no
longer exists, or if producing the electronic file was too costly or
difficult for court purposes.  (For example, destruction of the original
paper after microfilming or imaging.)  The organization's policy had to
state that the organization microfilmed or imaged and destroyed the
original paper in the "regular course of business" meaning it was the
norm, not an exception.  The phrase is now used as part of policy to
establish trustworthy electronic records systems (see ANSI/AIIM
TR31-2004 "Legal Acceptance of Records Produced by Information
Technology Systems").

There are a number of reasons behind the requirement, but I only know a
few from my microfilm systems analysis days.  One was the assumption
that documents could be altered and then microfilmed or imaged and the
alteration would not be detectable.  So after-the-fact or cover-up
imaging is not legally acceptable (Nolene explained this one well).
Another reason was the ease with which only certain records in a group
could be imaged and all the paper destroyed as a cover-up or certain
records could be deleted from electronic files as a cover-up.  These
latter examples were assumed to be a possibility as a response to a
subpoena or discovery.  Modern computer forensics have overcome the
electronic file deletion issues.

Ginny Jones
(Virginia A. Jones, CRM, FAI)
Records Manager
Information Technology Division
Newport News Dept. of Public Utilities
Newport News, VA
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