Legal Admissibility:

Law, Inland Revenue and HM Customs

 

Document Storage Solutions Ltd takes great care to ensure that the documents we scan are an authentic true copy of the original; therefore these documents can be relied upon as a legally admissible. All our procedures are documented ensuring the same high quality work time and time again. All work from collection to destruction is fully audited, leaving an auditable history of each document. This audit never stops. Whenever a document is added to it will only ever save another version, ensuring the original will always remain.

 

Businesses and organisations have been storing paper for hundreds of years as an acceptable way in organising and retaining their paperwork.

 

Most companies now use computer systems to create the original documents in an electronic format. It has been estimated that more than 90% of company documents are now produced electronically.

 

The legal position on the use of information stored in electronic form is not clear-cut. In legal disputes, electronic evidence (like any form of evidence) may be challenged for authenticity. Courts (and other bodies such as industry regulators) throughout the world vary in their understanding, and therefore acceptability of electronic original documents is maintained.

 

 

Are my scanned documents legally admissible?  Yes

A court or other legal body will always accept documentary evidence.

 

Will they be trusted?

This will depend upon the specific circumstances.

Is it likely that the authenticity of the document might be challenged?

You must be able to prove that your scanned copy is a 'true copy' of the original paper document?

Like any evidence brought before a court, challenges might be made. You need to be able to respond to these challenges.

 

Can I destroy the original paperwork?

Yes, if you can answer any challenges to authenticity.

You can do this by implementing BIP 0008, the BSI Code of Practice for Legal Admissibility and Evidential Weight of Information Stored Electronically.

 

The crucial issues in this implementation are as follows?

Implement an approved information management policy - to demonstrate your normal working principles;

Have a good security management system;

Agree with external regulators and auditors that electronic working is acceptable;

Document your document management procedures, which conform to the good practice guidance in BIP 0008;

Document your technology systems and configurations;

Create and retain adequate and reliable audit trails.

 

Do I need to retain original documents that have been signed?

It is not usually necessary if you have good procedures that enable you to demonstrate "beyond reasonable doubt" that the original document had been appropriately signed, even though you do not hold the original. You may need permission from external regulators and auditors who currently expect to access your paper records. Compliance with good practice makes such permissions easier to obtain.

 

Are there risks involved when destroying original document?

There are always risks when retaining only copies of documents. Are they 'true copies'? But then, there are significant advantages in retaining information in an electronic form, when compared with paper retention. Do the financial and management benefits of electronic retention outweigh the risks involved? In most cases, there is a strong case for paper destruction. There may, however, be some cases where original documents need to be retained (such as high value documents or ones of historical value).

 

BSI DISC PD0008 is the current British Standard document relating to 'Legal Admissibility and Evidential Weight of Information Stored Electronically'. It sets a benchmark for procedures that business should follow in order to achieve best practice, and therefore, legal admissibility of their electronic documents.

The document BIS DISC PD0008 is also referred to as BSI BIP008.

Other Document Management Standards

BS ISO 15489 - Records Management

BS ISO 15489 relates to records management, This part of ISO 15489-1 provides guidance on managing records of originating organizations, public or private, for internal and external clients.

All the elements outlined in this part of ISO 15489-1 are recommended to ensure that adequate records are created, captured and managed. Procedures that help to ensure the management of records according to the principles and elements outlined in this part of ISO 15489-1 are provided in ISO/TR 15489-2 (Guidelines).

BS ISO 15489-1:

applies to the management of records, in all formats or media, created or received by any public or private organization in the conduct of its activities, or any individual with a duty to create and maintain records
provides guidance on determining the responsibilities of organizations for records and records policies, procedures, systems and processes
provides guidance on records management in support of a quality process framework to comply with ISO 9001 and ISO 14001
provides guidance on the design and implementation of a records system, but does not include the management of archival records within archival institutions.
This part of ISO 15489-1 is intended for use by:

managers of organizations
records, information and technology management professionals
all other personnel in organizations, and other individuals with a duty to create and maintain records.
 

Freedom of Information Act

With regard to electronic records management, many parts of the Freedom of Information Act 2000 came into force on January 2005. Our Freedom of Information Act web page gives more information on how the freedom of information act affects your business

Freedom of Information | Information on Storing Paper | Legal Admissibility | Why Back Up