Three statutes that support the destruction of paper after scanning and after image verification are: The Uniform Electronic Transactions Act, Uniform Photographic Copies of Business and Public Records as Evidence Act, Uniform Rules of Evidence and Its counterpart, Federal Rules of Evidence.
Also, on April 12, the U.S. Supreme Court approved the proposed amendments to the Federal Rules of Civil Procedure (FRCP) concerning the discovery of electronic information. One of the amendments is: Limitations on the producing party's burden to retrieve and provide inaccessible data without good cause. In other words, there is no extraordinary effort required to produce records deleted in the due course of business, or to provide legacy data not easily accessible due to storage or hardware issues - without a court order or special circumstances.
Hope this was useful,
Tony Laino
1.
-----Original Message-----
From: Alfaro, Vladimir [mailto:[log in to unmask]]
Sent: Friday, May 26, 2006 1:02 PM
To: Laino, Tony
Subject: RE: [RM] Destruction of paper once scanned
Tony,
Do you have any cases/code/Etc., that would support your statement below?
Thanks,
Vladimir
-----Original Message-----
From: Records Management Program [mailto:[log in to unmask]] On Behalf Of Laino, Tony
Sent: Friday, May 26, 2006 12:50 PM
To: [log in to unmask]
Subject: Re: [RM] Destruction of paper once scanned
Destruction of paper after scanning and after the images are verified is allowable. The only question that must be answered is: Will be images be as accessible and readable as well as the original paper for the duration of the retention period specified in the records retention policy? If the answer is "no" or "don't know for sure" then a reliable back-up system that doesn't require computer hardware and software (e.g., paper and microfilm) should be considered.
Just my thoughts,
Tony Laino,CRM
Manager Consulting Services
TAB Professional Services
1-800-243-6547 x.264
-----Original Message-----
From: Records Management Program [mailto:[log in to unmask]]
Sent: Friday, May 26, 2006 12:24 PM
To: [log in to unmask]
Subject: [RM] Destruction of paper once scanned
Greetings. While I've subscribed to this list for a while and learned
a'plenty, I've yet to post, and a customer's question now compels me.
A medical products company currently spends significantly to store paper
documents offsite that have been scanned and stored in a records repository.
Their question: must any of these paper documents be kept or can they be
destroyed upon scan? These documents are available digitally and able to be
reproduced in paper form from their originating electronic systems.
This customer would like to understand other policies, strategies, and
vagaries, across industry types.
I very much appreciate your responses, and wish y'all in the U.S. a
wonderful long weekend.
- Michele
Michele Kersey, Chair, ARMA Technology Advisory Council
Industry Manager, Hummingbird USA Inc.
Summer vacation plans? Think about visiting the new Georgia Aquarium in
Atlanta, the world's largest. Online at www.georgiaaquarium.org
<http://www.georgiaaquarium.org/> , and feel free to contact me with any
questions (I'm a volunteer).
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