CompTIA CDIA+ Certified Electronic Document and Records Management (EDRMS) Analysts

CSD Technology cc  (Compliant Storage & Disposition Technology)

Legal Acceptability of Scanned Images

Legal Acceptability of Scanned Images (ECT Act and SANS15801)

 

The most frequently asked question when companies embark on imaging or scanning of documents, is whether these scanned images will be accepted in a court of law.  In other words, will the courts accept an image as a true representation of the original?  There are many requirements that must be met in order for documents to be legally accepted.  Two of the basic requirements are; a) an “Auditable Managed Process” and b) to be able to prove that images are stored in a “Tamper Proof” format and environment.  These requirements are met when images are stored in an EDRMS.

 

It is further important that companies understand the legal requirements of the ECT Act of 2002 as well as the requirements laid down by the International Standards Organisation (ISO) and in the case of South Africa, the South African National Standard (SANS) with regard to the manner in which documents must be treated from the time of origination, scanning, storage and retrieval and or reproduction.

 

In summary, the conditions laid down by the ECT Act and procedures to be followed as described in ISO15801/SANS15801, are met when a company deploys a well designed Electronic Document and Record Management System (EDRMS), together with the above ISO/SANS standards.

 

Keep in mind that should an original document not be available as evidence; the courts will always consider the “Best Evidence”, in which case a copy of the scanned image will be treated as such, provided the court can place reliability on the copy.  (Refer section 15 of the ECT Act.)

 

The Electronic Communications and Transactions Act or ECT Act, and the Companies Amendment Act of 2001, opens the door for more cost effective storage and retrieval methods, as it allows us to store information in an electronic form.  “Where a law requires you to keep records, sections 14 and 16 of the ECT Act, allow you to keep records in electronic form, including scanned images, provided you implement a reliable, auditable process.”  Emphasis is however placed on the process which must have an Audit Trail to ensure that images are Tamper Proof and Reliable as well as numerous conditions that a company should be aware of.

 

BEFORE YOU THROW ANYTHING AWAY AFTER SCANNING, BE SURE YOU ARE COMPLIANT!

 

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