Electronic records as evidence: They are the most frequently used kind of evidence.
See; (1) «Admissibility of Electronic Records Requires Proof of Records Management System Integrity»; (2) «
Electronic Records as Evidence»; (3) «The Admissibility of Electronic Business Records,» (2010), 8 Canadian Journal of Law and Technology 105; and, (4) «A Legal Opinion is Necessary for Electronic Records Management Systems.»
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)...
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 download ) 。
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 admissibility.
The «triangle of interdependent proceedings»: (1) electronic discovery proceedings; (2) admissibility proceedings concerning
electronic records as evidence; and, (3) proof of compliance with Canada's national standards.
[i] The national standards are: (1)
Electronic Records as Documentary Evidence CAN / CGSB -72.34-2005 («72.34»), published in 2005; and, (2) Microfilm and Electronic Images as Documentary Evidence CAN / CGSB -72.11-93 («72.11,» updated to 2000, but which has remained the ERMS industry standard for «imaging» procedures, i.e., the large industry for converting original paper records to electronic storage).
(5) increasing the ability of the law to render accurate and just results by use of the «triangle of interdependent concepts» for the use of
electronic records as evidence.
Then, failure to produce such certification, or other evidence as to compliance, should raise a rebuttable presumption of inadequate production on discovery, and inadmissibility of
electronic records as evidence.
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 (e.g. ss.
See also: «The Sedona Canada Principles are Very Inadequate on Records Management and for Electronic Discovery»; and my Feb. 12th Slaw post, Electronic Discovery: The Concept and Purpose of the Sedona Canada Principles 2nd Edition, and, «
Electronic Records as Evidence,» and the other records management articles listed on my SSRN author's page.
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 (pdf).
See for example K. Chasse, «
Electronic Records as Documentary Evidence», (2007), 6 Cdn Jl Law and Technology 141, 156.
And worse, the drafting committee of the 2nd edition of the «Sedona Canada Principles — Addressing Electronic Discovery,» will not compensate for the impact of the change (from pre-electronic paper records technology, to electronic records management technology) upon the efficacy of all laws concerning the use of
electronic records as evidence.
It treats good records management as being merely, «helpful but optional,» instead of mandatory and essential to the effectiveness of discovery and admissibility proceedings concerning the use of
electronic records as evidence.
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».
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... [more]
And because such «systems integrity» is a very complex collection of ERMS principles and practices, which collection is too big to put into a definition section in such Evidence Acts, compliance with the following NSC is the necessary test as to the existence of that required «systems integrity»:
Electronic Records as Documentary Evidence CAN / CGSB -72.34-2005 (72.34).
This article is about the poorly drafted proposed 2nd edition of a National Standard of Canada, which the Evidence Acts make necessary for discovery and admissibility proceedings concerning the use of
electronic records as evidence.
The improper procedure imposed by CGSB caused me as the Chair, and the other senior lawyer specialized in the use of records as evidence, Martin Felsky, [2] to resign from the CGSB committee that drafted what is now this National Standard of Canada:
Electronic Records as Documentary Evidence CAN / CGSB -72.34-2017 («72.34 - 2017,» as of March 1, 2017, pdf.).
As to the use of experts in electronic records management, it is not yet the practice of lawyers to use such experts, but it should be because the Evidence Acts require it in order to use
electronic records as evidence — e.g. s. 31.2 (1)(a) of the Canada Evidence Act, and, s. 34.1 (5), (5.1) of the Ontario Evidence Act, and the Evidence Acts of 9 other jurisdictions in Canada contain the same requirement (including the records provisions of Book 7 of the Civil Code of Quebec).
Therefore I resigned from the project, as did the other lawyer - member of the Working Group specialized in the use of
electronic records as evidence.
When 72.34 (2d) becomes an NSC, we can all oppose the production at discovery, and use of
electronic records as admissible evidence, on the grounds that the ERMSs that produced them have not been certified as being in compliance with any authoritative ERMS standard.
[iii] A more exclusive provision would state: «In the absence of evidence to the contrary, a record stored in an electronic records system that is not proved to be in compliance with the National Standard of Canada,
Electronic Records as Documentary Evidence CAN / CGSB -72.34-2005, shall be deemed to lack integrity.»
Therefore it can be used to test the «integrity» that provisions such as, s. 31.2 (1)(a) of the Canada Evidence Act (CEA), and s. 34.1 (5), (5.1) of the Ontario Evidence Act (OEA), require of ERMSs, for the purpose of determining the admissibility of
electronic records as evidence; e.g., R. v. Oler, 2014 ABPC 130.
Sedona Canada does not analyze: (1) the meaning and consequences of the «system integrity concept» in the e-records provisions of the Evidence Acts — proof of «records integrity» requires proof of «records system integrity»; (2) the National Standard of Canada for e-records management,
Electronic Records as Documentary Evidence CAN / CGSB -72.34-2005 («72.34»); and, (3) the need of the parties to exchange verifications of compliance, provided by records management experts, of their electronic records management systems (ERMS's) with the national standard.
I tend to think Heartland does not want people rummaging around their paper and
electronic records as part of a litigation process.
Not exact matches
Also,
as of 2006, any type of
electronic records, including e-mail, can be used
as evidence in federal lawsuits.
Destroying
electronic business
records once they've reached the end of their useful life isn't
as simple
as hitting the delete key.
The fitness tracker maker announced on Monday that it would use Google's recently announced health data standards for apps, known
as the Google Healthcare API, to connect its wearable devices to the
electronic medical
records systems used by doctors and hospitals.
Increasingly, says Greven, health care providers such
as private hospitals are weaving Prompt Alert's technology into larger
electronic medical
record (EMR) databases, thereby providing these organizations with a means of communicating with patients in highly practical ways that improve the bottom line at the same time.
John Hammergren, McKesson's CEO, talked to Fortune about his company's technology push, the complexities of tech in the healthcare industry and wrinkles keeping
electronic medical
records from being
as helpful
as the could be.
«IBM and the FDA will explore the exchange of owner mediated data from several sources, such
as Electronic Medical
Records, clinical trials, genomic data, and health data from mobile devices, wearables and the «Internet of Things,»» said the company in a press release.
Khozin said that since the data in
electronic health
records isn't
as easy to get, especially at a large enough scale.
To achieve what essentially will be a new and dynamic art medium,
Electronic Arts acts
as a kind of production company with teams of draftspeople, writers, and musicians, who are signed up in much the same way
as a
record or movie company signs up talent.
PAPER
RECORDS REMAIN DATA HAZARD FOR PATIENT DATA: As more hospitals and healthcare organizations transition from hard copies to electronic health records (EHR), paper records have become a massive data hazard, according to a research letter published in JAMA N
RECORDS REMAIN DATA HAZARD FOR PATIENT DATA:
As more hospitals and healthcare organizations transition from hard copies to
electronic health
records (EHR), paper records have become a massive data hazard, according to a research letter published in JAMA N
records (EHR), paper
records have become a massive data hazard, according to a research letter published in JAMA N
records have become a massive data hazard, according to a research letter published in JAMA Network.
The new offering, «Watson for Patient Safety,» will gobble up anonymized medical
records, claims data, and millions of
electronic submissions to the FDA about potential drug side effects (known
as individual case safety reports) to see if it can learn about the hidden dangers of medicines before they become too costly.
The platform combines data from real - time location systems (RTLS), such
as electronic health
records and computerized physician order entry (CPOE) systems, to improve the flow of patients within the hospital or clinic.
Faulkner is the founder and CEO of EPIC Systems, the leader in the incredibly hot, and almost
as controversial, field of
electronic medical
records.
Election - integrity advocates nationwide are celebrating a decision by a New York state appeals court that classifies
electronic ballot images
as public
records.
Cerner missed its own expectations for revenue in the first quarter
as it took hits from a delayed Veterans Affairs Department EHR system contract and an unpredictable market.The VA
electronic health
record system contract has been sitting in limbo for months and will likely be delayed until the second half of the year, according to Cerner Chief Financial Officer Mark Naughten.
The
record for storage of non-living DNA is now 700,000 years (
as DNA bits, not
electronic bits).
The news won't come
as a complete shock to anyone who has been following the
electronic medical
records company for the last couple of years.
There is a prediction market at the University of Iowa called Iowa
Electronic Markets that has an ongoing track
record for accuracy and serves mainly
as a proof of concept for students.
Upon separation from employment with the Company or on demand by the Company during my employment, I will immediately deliver to the Company, and will not keep in my possession, recreate, or deliver to anyone else, any and all Company property, including, but not limited to, Company Confidential Information, Associated Third Party Confidential Information,
as well
as all devices and equipment belonging to the Company (including computers, handheld
electronic devices, telephone equipment, and other
electronic devices), Company credit cards,
records, data, notes, notebooks, reports, files, proposals, lists, correspondence, specifications, drawings, blueprints, sketches, materials, photographs, charts, any other documents and property, and reproductions of any and all of the aforementioned items that were developed by me pursuant to my employment with the Company, obtained by me in connection with my employment with the Company, or otherwise belonging to the Company, its successors, or assigns, including, without limitation, those
records maintained pursuant to Section 3.C.
I intend to continue working
as I have been and developing within the framework of the
electronic health
record I currently help maintain.
Female doctors can remotely access patients via high - definition (HD), nurse - assisted video - consultation using a cloud - based telemedicine system that includes
Electronic Medical
Records (EMR), online medical online referral system and application of peripheral diagnostic tools such
as blood pressure sensors, pulse oximeter, e-thermometer, e-ophthalmoscope, etc..
Offline, Jason works
as a software trainer for
electronic medical
records and plays drums with another local musician.
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electronic, mechanical, photocopying,
recording, scanning, or otherwise, except
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If there are
electronic records that might portray Saints and NFL officials
as insensitive on issues of gender, it would be wise for the Saints and NFL to resolve the dispute with Davis before those
records become public.