Notes: Can You Destroy Paper Records That Have Been Imaged?

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Can You Destroy Paper Records That Have Been Imaged? Presented by Robert Williams and Ronald Hedges, J.D.

ARMA Live Conference
San Diego Convention Center

Take a look at White Paper Cohasset prepared for IBM on the legality of digital image copies.

Uniform Photographic Copies of Business and Public Records Act (UPA) Conditions= records and copies must be made in ordinary course of business

Decision tree under the Federal Rules of Evidence is often used for the steps of admissibility with regard to trustworthy evidence.

For more on authenticity of email look at the Lorraine Decision.

Records can be destroyed once they are imaged if: they are no longer required in the regular course of business; and they are not be subject to any active legal hold order.

Defensible Disposition= complying with all internal processes, you are meeting legal requirements, you are following a retention schedule, use compliance forms.

How do you make the process of disposing records defensible?
1- By what authority were the records destroyed, 2- How were they destroyed, 3- Who destroyed the records, 4- When were the records destroyed

Management Evidence details goals, policies and procedures

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