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RECMGMT-L  November 2000

RECMGMT-L November 2000

Subject:

Re: Managing Electronic Records in the insurance industry - EvidenceActs etc

From:

Emmerson Consulting <[log in to unmask]>

Reply-To:

Records Management Program <[log in to unmask]>

Date:

Wed, 15 Nov 2000 10:33:55 -0000

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (67 lines)

If a Brit may but into this Australian argument, Carl is exactly right.  One of the prime functions of records is as evidence of the transaction to which they relate.  This factor needs to be recognised in the development of your records continuum. The record keeping tradition grew out of the need to document the rights of individuals under the law. 

If there is a dispute over that transaction then the record, subject to rules laid down by the court concerned and by the Evidence Acts or their equivalent in individual jurisdictions, become a key part of the dispute process.  It does your case no good if you're unable to produce records which meet those rules.

However, there's a clear distinction between records produced as evidence in criminal cases and those produced in support of civil process.  In the latter the parties can often agree on the evidence to be presented in which case the court is unlikely to intervene.  Where the liberty of the citizen is concerned the court is likely to take a more robust view.

Most courts will make no distinction between electronic and paper records.  Each will have to meet the same standards of probative value - are they accurate, contemporary with the events, corroborated by other documents or testimony, from a system which is demonstrably well-maintained - before they're accepted as evidence of fact.

In any case, David, being able to 'encourage' management to recognise the financial and reputational aspects of not being in a position to produce evidence of what they've done is surely a major selling point for a records management programme.  It's also a good point to make to vendors and IT colleagues when looking at electronic records systems. Our friends at Tower, to their credit, recognise the need.

Regards


Peter Emmerson

Peter Emmerson
Director
Emmerson Consulting Limited
47a Salisbury Road
Harpenden
Hertfordshire  AL5 5AR

Phone   01582 769842
Fax     01582 761740
E-mail  [log in to unmask]

This e-mail message and any files transmitted with it are confidential and intended solely for the use of the addressee.  If you are not the intended recipient, any disclosure, copying, distribution or use of it is prohibited and may be unlawful.  If you have received this e-mail in error, please delete it immediately and notify Emmerson Consulting by return e-mail to the above address.

Emmerson Consulting Limited is registered in England No. 3607347.  Registered Office : Charter Court, Midland Road, Hemel Hempstead, Hertfordshire  HP2 5GE  



-----Original Message-----
From:   US Records List [SMTP:[log in to unmask]]
Sent:   Wednesday, November 15, 2000 5:47 AM
To:     [log in to unmask]
Subject:        Managing Electronic Records in the insurance industry - EvidenceActs etc

G'day David, (Glen, Paul etc)

At the risk of becoming too Australian I just wanted to clarify the Evidence
Act issues raised by David.

My understanding of the relevence of these is more than definitional, as you
so humourously described.  The Acts do not just apply to criminal
juridstiction but to all juridstictions (to my knowledge and I confess that
I am not a lawyer). Even so, this is to miss the point.

What these Acts do is specify the form "records" must take if they are to be
accepted as evidence of purported actions alleged by one or more of the
parties involved in an legal case.  Some things required of records (and
also record keeping systems) is that they ensure the integrity of the record
so that it is reliable in corroborating facts that are the issue in the
case.

So in this sense, the Acts are critical if our record systems are to serve
one of their primary purposes: providing evidence of actions and
accountability.

Of course, when it comes to these issues, there is no fundamental difference
between paper and electronic. A record is a record irrespective of form and
our systems need to ensure our records have integrity (etc) no matter what.

Best wishes

Carl Temple
(another - personal - posting from TOWER Software, Australia)

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