I have gone on at length about it in «
Electronic Legal Records: Pretty Good Authentication?»
Not exact matches
Further, any signature
recorded on the blockchain would be equated to a
legal signature under Arizona law and would be «considered to be in an
electronic format and to be an
electronic record.»
Under proposed terms, the county would cover the hospital for any
legal liability, and commit about $ 12.2 million for equipment and construction related to updating jail medical devices and facilities, along with the cost of converting to
electronic records.
He steered his Private Member's Bill onto the Statute Book where it became the
Legal Deposit Libraries Act 2003, extending the concept of legal deposit to electronic records; the Bill was strongly promoted by the British Librar
Legal Deposit Libraries Act 2003, extending the concept of
legal deposit to electronic records; the Bill was strongly promoted by the British Librar
legal deposit to
electronic records; the Bill was strongly promoted by the British Library [1]
Other sessions focused on
electronic health
records, reimbursement, education of patients and their care givers, and such ethical,
legal, and policy issues as privacy, patients» responsibility for their own health, and direct to consumer testing, among others.
You may withdraw consent for
electronic delivery of our
legal disclosures, agreements, instructions, and communications, but doing so will not affect the
legal effectiveness, validity or enforceability of
electronic records that were made available to you prior to the implementation of your withdrawal of consent for
electronic delivery.
The E-consent allows third party lenders we work with to accept and use
electronic signatures, notices,
records, contractual documents, and
legal disclosures while transacting business with you.
The most frequently used kind of evidence in all
legal proceedings comes from
electronic technology, particularly
records.
My part is to write
legal opinions as to the ability of clients» ERMSs to satisfy the
legal requirements of, discovery and admissibility proceedings, and of various statutes for
electronic records, and those of 72.34 as well.
My experience in working with experts in
electronic records management systems since 1978, and being a
legal advisor in the drafting of the National Standards of Canada that provide the principles and practices by which they should be regulated, leads me to believe that there is no
records system that does not have some serious errors.
In cities with a population of one million or more, information that establishes the personal identity of an individual who has been stopped, questioned and / or frisked by a police officer or peace officer, such as the name, address or social security number of such person, shall not be
recorded in a computerized or
electronic database if that individual is released without further
legal action; provided, however, that this subdivision shall not prohibit police officers or peace officers from including in a computerized or
electronic database generic characteristics of an individual, such as race and gender, who has been stopped, questioned and / or frisked by a police officer or peace officer.
Going from paper to
electronic records will require as much change in our
legal infrastructure as going from horses to motor vehicles.
For many years he has worked with such experts by providing
legal opinions in relation to their servicing the
electronic records management systems of large institutions.
The corresponding increases in
legal infrastructure necessitated by
electronic records and information management technology will be much greater and develop much faster.
People can not deal with their
legal problems without the help of lawyers because, the law is now too voluminous, complex, often based upon technology that must be understood, and requiring one to cope with the large volumes of
electronic records made possible by the great automating power of
electronic records technology (being the very technology that has created the prohibitively high cost of
electronic discovery proceedings).
Although its «
legal section» is out of date, 72.11 is still the foundation of the imaging industry — the large industry that converts pre-
electronic paper
records into
electronic records.
Since 1978 he has been a
legal advisor in the development of the National Standards of Canada for
electronic records management.
Therefore, 72.34 is an extremely important national standard, particularly so because
electronic records and information management technology enables every
electronic interaction, communication, and movement of information to automatically produce an
electronic record, any one of which could be related to a
legal service or proceeding, and become a piece of evidence,
records now being the most frequently used kind of evidence.
Large or complex ERMSs should be certified once per year as being in compliance with 72.34, and whenever significant changes are made; see: «A
Legal Opinion is Necessary for
Electronic Records Management Systems.»
I know from my experience: (1) as a
legal advisor since 1978, in the creation of national standards for
records management; and, (2) working with such experts since 1988, to provide
legal opinions that accompany such experts» certifications of compliance of institutional clients» ERMSs with
records management standards, how very prevalent, bad and inadequate
electronic records management is.
Electronic records management is a complex technology, which makes current legal infrastructure of statutes, guidelines, and case law that controls the use of electronic records as evidence very inadequate because it ignores these facts: (1) electronic records technology, and pre-electronic paper records technology are very different technologies — each requires its own unique legal infrastructure; (2) the many serious defects frequently found in electronic records management systems (ERMS's), and
Electronic records management is a complex technology, which makes current
legal infrastructure of statutes, guidelines, and case law that controls the use of
electronic records as evidence very inadequate because it ignores these facts: (1) electronic records technology, and pre-electronic paper records technology are very different technologies — each requires its own unique legal infrastructure; (2) the many serious defects frequently found in electronic records management systems (ERMS's), and
electronic records as evidence very inadequate because it ignores these facts: (1)
electronic records technology, and pre-electronic paper records technology are very different technologies — each requires its own unique legal infrastructure; (2) the many serious defects frequently found in electronic records management systems (ERMS's), and
electronic records technology, and pre-
electronic paper records technology are very different technologies — each requires its own unique legal infrastructure; (2) the many serious defects frequently found in electronic records management systems (ERMS's), and
electronic paper
records technology are very different technologies — each requires its own unique
legal infrastructure; (2) the many serious defects frequently found in
electronic records management systems (ERMS's), and
electronic records management systems (ERMS's), and... [more]
Since 1978, I have acted as a
legal advisor in the creation and updating of 72.34 and the other
records management national standard, Microfilm and
Electronic Images as Documentary Evidence CAN / CGSB -72.11-93 («72.11»), derived from which, more than 50 compliance tests are applied.
See these articles (pdf): (1) «Admissibility of
Electronic Records Requires Proof of
Records Management System Integrity»; (2) «The Sedona Canada Principles are Very Inadequate on
Records Management and for
Electronic Discovery»; (3) «A
Legal Opinion is Necessary for
Electronic Records Management Systems»; (4) «
Electronic Records as Evidence»; and, (5) «Solving the High Cost of the «Review» Stage of
Electronic Discovery».
But they will have to catch - up soon because: (1)
electronic records are the most frequently used kind of evidence; and, (2) every interaction, formal and semi-formal action, communication, and transmission automatically produces an
electronic record, which means more
records connected to more
legal services than there are pieces of paper still in file drawers.
«Public media, such as a telephone directory,
legal directory, newspaper or other periodical, billboards and other signs, radio, television and
recorded messages the public may access by dialing a telephone number, or through written or
electronic communication.»
«Why a
Legal Opinion is Necessary for
Electronic Records Management Systems» (2012), 9 Digital Evidence and
Electronic Signature Law Review» 17 (U.K.)(this article is written for related professions as well as for lawyers).
«Written,
recorded, internet, computer, e-mail or other
electronic communication, including public media, such as a telephone directory,
legal directory, newspapers or other periodicals, billboards and other signs, radio, television and other
electronic media, and
recorded messages the public may access by dialing a telephone number, or through other written or
recorded communication.»
The ESIGN Act implements a national uniform standard for all
electronic transactions that encourages the use of
electronic signatures,
electronic contracts and
electronic records by providing
legal certainty for these instruments when signatories comply with its standards.
The Free Law Project, a non-profit dedicated to providing free, public access to primary
legal materials, has announced plans to download all of the free opinions and order available on PACER, the federal courts» system for
electronic access to court
records.
[8] See for example this article: Ken Chasse, «Why a
Legal Opinion is Necessary for
Electronic Records Management Systems» (2012), 9 Digital Evidence and
Electronic Signature Law Review 17, a U.K. «open source» journal, i.e., providing free downloading of articles (click «Archives» to access the contents of volume 9).
Such is also true of their
legal departments, as is shown by the absence of ERMS issues in almost all case law and guidelines concerning the use of electronic records as evidence, including the four Sedona Canada Principles texts; see: Why a Legal Opinion is Necessary for Electronic Records Management Systems,» (2012), 9 Digital Evidence and Electronic Signature Law Review 17 (
legal departments, as is shown by the absence of ERMS issues in almost all case law and guidelines concerning the use of
electronic records as evidence, including the four Sedona Canada Principles texts; see: Why a Legal Opinion is Necessary for Electronic Records Management Systems,» (2012), 9 Digital Evidence and Electronic Signature Law Review
electronic records as evidence, including the four Sedona Canada Principles texts; see: Why a Legal Opinion is Necessary for Electronic Records Management Systems,» (2012), 9 Digital Evidence and Electronic Signature Law Review 17
records as evidence, including the four Sedona Canada Principles texts; see: Why a
Legal Opinion is Necessary for Electronic Records Management Systems,» (2012), 9 Digital Evidence and Electronic Signature Law Review 17 (
Legal Opinion is Necessary for
Electronic Records Management Systems,» (2012), 9 Digital Evidence and Electronic Signature Law Review
Electronic Records Management Systems,» (2012), 9 Digital Evidence and Electronic Signature Law Review 17
Records Management Systems,» (2012), 9 Digital Evidence and
Electronic Signature Law Review
Electronic Signature Law Review 17 (pdf).
(3) the
legal consequences of
electronic records management systems changing as their organizations and operations change; and,
In summation, «
records management law» will bring these necessary innovations as part of the
legal infrastructure controlling the use of
electronic records technology:
NOTE: Practice Pro, the Law Society of Upper Canada's risk management organization, has a reading list on
electronic discovery issues, including
legal holds and
record retention, with many useful sources.
Electronic records management is a complex technology, which makes current legal infrastructure of statutes, guidelines, and case law that controls the use of electronic records as evidence very inadequate because it ignores these facts: (1) electronic records technology, and pre-electronic paper records technology are very different technologies — each requires its own unique legal infrastructure; (2) the many serious defects frequently found in electronic records management systems (ERMS's), and in their software; (3) the electronic records «system integrity concept» (records integrity requires proof of records system integrity) in the electronic records provisions of the Evidence Acts
Electronic records management is a complex technology, which makes current
legal infrastructure of statutes, guidelines, and case law that controls the use of
electronic records as evidence very inadequate because it ignores these facts: (1) electronic records technology, and pre-electronic paper records technology are very different technologies — each requires its own unique legal infrastructure; (2) the many serious defects frequently found in electronic records management systems (ERMS's), and in their software; (3) the electronic records «system integrity concept» (records integrity requires proof of records system integrity) in the electronic records provisions of the Evidence Acts
electronic records as evidence very inadequate because it ignores these facts: (1)
electronic records technology, and pre-electronic paper records technology are very different technologies — each requires its own unique legal infrastructure; (2) the many serious defects frequently found in electronic records management systems (ERMS's), and in their software; (3) the electronic records «system integrity concept» (records integrity requires proof of records system integrity) in the electronic records provisions of the Evidence Acts
electronic records technology, and pre-
electronic paper records technology are very different technologies — each requires its own unique legal infrastructure; (2) the many serious defects frequently found in electronic records management systems (ERMS's), and in their software; (3) the electronic records «system integrity concept» (records integrity requires proof of records system integrity) in the electronic records provisions of the Evidence Acts
electronic paper
records technology are very different technologies — each requires its own unique
legal infrastructure; (2) the many serious defects frequently found in
electronic records management systems (ERMS's), and in their software; (3) the electronic records «system integrity concept» (records integrity requires proof of records system integrity) in the electronic records provisions of the Evidence Acts
electronic records management systems (ERMS's), and in their software; (3) the
electronic records «system integrity concept» (records integrity requires proof of records system integrity) in the electronic records provisions of the Evidence Acts
electronic records «system integrity concept» (
records integrity requires proof of
records system integrity) in the
electronic records provisions of the Evidence Acts
electronic records provisions of the Evidence Acts (e.g. ss.
Now, instead of the
legal profession providing such
legal services, the
records management profession is providing general
legal information, including information on the «
legal requirements» of the national standards for
electronic records management, and not involving lawyers in their work.
No law firm has the necessary degree of specialization of staff,
legal materials used, re-use of previously created work - product, or scaled volumes of production, to be able to cope with rapidly expanding volumes of laws, complexity of laws based upon technology, and the masses of
records created by the automating of
records by
electronic technology — every interaction, communication, and transmission that we have now, produces a
record, which could be related to some
legal service, and
records are now the most frequently used kind of evidence in
legal proceedings.
(4) the consequences of more laws based upon technology; and the fact that almost every
electronic communication, interaction, and service automatically creates a
record that is potentially evidence and relevant to some
legal service.
Numerous
legal precedents support the fact that
electronic records are a perfectly valid and supportable audit trail.
The attorneys» — and, thus the law firms» — entrenched attachment to paper exemplifies yet again the
legal industry's resistance to the mandate of market forces to migrate toward
electronic and digital
records.
Re: lawyers practising in association with non-lawyers: - Absolutely necessary because: (1) technology will be the basis of almost all laws, therefore we will have to practice with other experts in that technology; (2)
records management law will be a major area of practice because,
records are the most frequently used form of evidence and e-
records depend for everything on their e-
records management systems (ERMSs), and they must be compliant with the National Standards of Canada for e-
records management, which standards require
legal opinions, and every significant change to an ERMS requires a
legal opinion re ability to produce
records able to satisfy laws as to e-discovery, admissibility of evidence, privacy & access to information,
electronic commerce, tax laws, and compliance with National Standards of Canada for e-
records management; (3) all new technologies require a
legal framework, which means more work for lawyers; and, (4) otherwise, other professions and service providers who now provide «
legal information,» will begin to provide «
legal advice» and other services that only lawyers should be providing.
And it is the foundation concept of the National Standard of Canada for
electronic records management: Electronic Records as Documentary Evidence CAN / CGSB -72.34-2005, which is largely ignored by the legal profession and the caselaw of e-discovery and admi
electronic records management: Electronic Records as Documentary Evidence CAN / CGSB -72.34-2005, which is largely ignored by the legal profession and the caselaw of e-discovery and admissi
records management:
Electronic Records as Documentary Evidence CAN / CGSB -72.34-2005, which is largely ignored by the legal profession and the caselaw of e-discovery and admi
Electronic Records as Documentary Evidence CAN / CGSB -72.34-2005, which is largely ignored by the legal profession and the caselaw of e-discovery and admissi
Records as Documentary Evidence CAN / CGSB -72.34-2005, which is largely ignored by the
legal profession and the caselaw of e-discovery and admissibility.
The
legal profession must be constantly improving its services, in the form of maintaining their high quality in a situation wherein there is a need to provide increasingly more time delivering each service - more time because of: ( 1 ) the rapidly increasing volume of laws; ( 2 ) their greater complexity due inter alia, to the complexity of the technology upon which they are based and impacted; ( 3 ) the greater volume of technology to be understood; and, ( 4 ) the much greater volume of relevant
electronic records to be coped with.
That is the result of: ( 1 ) our lives becoming more technology - dependent, especially
electronic records dependent, which requires more
legal infrastructure to control the use of that technology; and, ( 2 ) demands that the rule of law be made to apply in many new areas such as, the great expansion of the scope of rights and freedoms caused by the Canadian Charter of Rights and Freedoms which now produces issues in every field of law, and by environmental, privacy, and
electronic commerce laws, and a greatly expanded Criminal Code.
Better to increase the attractiveness of
legal services by enabling lawyers to provide related services accompanying their
legal services, e.g., family law lawyers providing financial planning advice, and law firms providing accounting and tax advisory work, and litigation lawyers working with experts who improve and maintain their clients»
electronic records management systems, because records are the most frequently used kind of evidence and are completely dependent on their records management systems for everything, particularly their «integrity» ( which is what the electronic records provisions of the Evidence Acts require be proved for admissibility; e.g., section 31.2 ( 1 ) ( a ) of the Canada Evidence Act - see: Ken Chasse, «Electronic Records as Evidence,» and the other «records as evidence» articles on «my SSRN authors page, for free do
electronic records management systems, because records are the most frequently used kind of evidence and are completely dependent on their records management systems for everything, particularly their «integrity» ( which is what the electronic records provisions of the Evidence Acts require be proved for admissibility; e.g., section 31.2 ( 1 ) ( a ) of the Canada Evidence Act - see: Ken Chasse, «Electronic Records as Evidence,» and the other «records as evidence» articles on «my SSRN authors page, for free downl
records management systems, because
records are the most frequently used kind of evidence and are completely dependent on their records management systems for everything, particularly their «integrity» ( which is what the electronic records provisions of the Evidence Acts require be proved for admissibility; e.g., section 31.2 ( 1 ) ( a ) of the Canada Evidence Act - see: Ken Chasse, «Electronic Records as Evidence,» and the other «records as evidence» articles on «my SSRN authors page, for free downl
records are the most frequently used kind of evidence and are completely dependent on their
records management systems for everything, particularly their «integrity» ( which is what the electronic records provisions of the Evidence Acts require be proved for admissibility; e.g., section 31.2 ( 1 ) ( a ) of the Canada Evidence Act - see: Ken Chasse, «Electronic Records as Evidence,» and the other «records as evidence» articles on «my SSRN authors page, for free downl
records management systems for everything, particularly their «integrity» ( which is what the
electronic records provisions of the Evidence Acts require be proved for admissibility; e.g., section 31.2 ( 1 ) ( a ) of the Canada Evidence Act - see: Ken Chasse, «Electronic Records as Evidence,» and the other «records as evidence» articles on «my SSRN authors page, for free do
electronic records provisions of the Evidence Acts require be proved for admissibility; e.g., section 31.2 ( 1 ) ( a ) of the Canada Evidence Act - see: Ken Chasse, «Electronic Records as Evidence,» and the other «records as evidence» articles on «my SSRN authors page, for free downl
records provisions of the Evidence Acts require be proved for admissibility; e.g., section 31.2 ( 1 ) ( a ) of the Canada Evidence Act - see: Ken Chasse, «
Electronic Records as Evidence,» and the other «records as evidence» articles on «my SSRN authors page, for free do
Electronic Records as Evidence,» and the other «records as evidence» articles on «my SSRN authors page, for free downl
Records as Evidence,» and the other «
records as evidence» articles on «my SSRN authors page, for free downl
records as evidence» articles on «my SSRN authors page, for free download ) 。
Our counseling services include preparing IT employees for depositions and providing advice and counseling about the myriad of
legal and / or IT services required to «bridge the gap» between the purchase of software programs and the organization of
electronic records that will facilitate easier compliance with the e-discovery rules.
Under the Uniform
Electronic Transactions Act (adopted by 47 states), transactions may be conducted by electronic means, such that the act gives legal recognition to electronic signatures, records and
Electronic Transactions Act (adopted by 47 states), transactions may be conducted by
electronic means, such that the act gives legal recognition to electronic signatures, records and
electronic means, such that the act gives
legal recognition to
electronic signatures, records and
electronic signatures,
records and contracts.
Because of the volume and complexity of laws and the great volumes of relevant
electronic records, people can not deal with their
legal problems by themselves.
Electronic records management is a complex technology, which makes current legal infrastructure of statutes, guidelines, and case law that controls the use of electronic records as evidence very inadequate because it ignores these fac
Electronic records management is a complex technology, which makes current
legal infrastructure of statutes, guidelines, and case law that controls the use of
electronic records as evidence very inadequate because it ignores these fac
electronic records as evidence very inadequate because it ignores these facts: (1)...
The shift from paper to
electronic records, with the accompanying greater flows of sensitive health information, thus strengthens the arguments for giving
legal protection to the right to privacy in health information.