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Subject: Re: Defining a record
From: Tracey Black <[log in to unmask]>
Reply-To:Records Management Program <[log in to unmask]>
Date:Fri, 13 Dec 2002 10:02:25 -0500
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I am also not a lawyer, but I know that nothing is done "automatically". A
person enters the information that is on the invoice or production record
and a person programs the computer to print. There is the knowledge.

Just my opinion.

Tracey Black

-----Original Message-----
From: Fresko Marc [mailto:[log in to unmask]]
Sent: Friday, December 13, 2002 9:47 AM
To: [log in to unmask]
Subject: Re: Defining a record


Peter K .cited a book by Skupsky and Montana which gave various necessary
conditions for something to be a record "from a judicial standpoint".  Now,
I am not a lawyer, but I wonder about some of this. One of the conditions
was:

> It must be made by or from information transmitted by a
> person with knowledge of the event;

So, I suppose something like an invoice or a production record, produced
automatically by a computer or a manufacturing machine is not a record?  Or
do we need to consider such hardware as being a judicial "person"?

And one of the other conditions gave me pause for thought too:

> It must be made in the course of a regularly conducted
> business activity;
>

So if the transaction is "irregular" it isn't a record?  Where I am (Europe)
I take "irregular" to mean things like illegal or out of the ordinary.
Wouldn't it be simple if records of illegal transactions are ruled not to be
records because they record irregular acts!  Or does "irregular" mean
something different in the US context?

Marc Fresko
EDM & ERM Consulting Services Director
Cornwell Management Consultants plc
Home Barn Court, The Street
Effingham, Surrey
KT24 5LG
United Kingdom

[log in to unmask]
Tel. +44 1372 456086
Fax. +44 1372 450950
www.cornwell.co.uk

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