Legal Admissibility of Scanned Documents?
When deciding whether or not to have your documents scanned and electronically archived one of the key issues affecting companies decisions is whether the images can be used as evidence in a court of law and whether certain original documents can be destroyed or need to be held in hard copy.
A Statement made by Companies House relates to the way in which their information may be used as such evidence:
'If a document is admissible in evidence then an electronic image of that document may be treated as secondary evidence in the same manner as a photocopy or a microfiche image. It will be subject to the provision authentication contained in the Civil Evidence Act (1995) in England and Wales and the Civil Evidence Act (Scotland) 1998'
BIP 0008
File Flatners Ltd. scanning bureau work to the British Standard Institution BIP 0008 see details below taken from their web site:
The British Standards Institution has issued a revised Code of Practice for Legal Admissibility of Information Stored on Electronic Document Management Systems, BIP 0008:2004 (previously PD 0008). This code of practice provides guidance to ensure, as far as possible, that electronic documents and scanned images will be accepted as evidence by the courts. The key to this guidance is that the process under which documents are managed is as important as the technology used – where a document is reproduced (e.g. printed), it should accurately reproduce the contents of the “original”.
The key principles behind BIP 0008 are:
- Authenticity – Processes to be followed at system planning, implementation and the procedures by which the systems should be operated.
- Storage and access procedures – Procedures including scanning, indexing, retrieval, system administration, archiving, off-site storage and training, to be followed.
- Demonstrability of adherence – A structured audit process resulting in a Certificate of Conformity that displays demonstrability of adherence.
The Civil Evidence Act (1995) introduces a flexible system whereby all documents and copy documents, including computer records, can be admitted as evidence in civil proceedings. The court judge will still have to be persuaded to treat that evidence as reliable, and so organisations will have to put in place procedures to prove the authenticity and reliability of the record.
As part of all its procedures for clients, Preview ensures that BIP 0008 is followed completely and, equally importantly, helps clients to ensure their own internal procedures also conform to the standard.
A copy of BIP 0008:2004 can be obtained through BSI.
