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.»
Maintained and monitored automated reporting and personnel data systems; Enlisted Distribution and Assignment System (EDAS), Electronic Military Personnel Office (EMILPO), Total Officer Personnel Management Information System II (TOPMIS II / ETOPMIS), Common Operating Picture Synchronizer (COPS), and Interactive
Personnel Electronic Record Management System (IPERMS), and related automated data processing programs.
John: This should have been dealt with
as electronic records management system issue (ERMS issue), i.e., requiring proof of the integrity of the ERMS in which the e-records in question were stored or created.
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.
SELECTED ACHIEVEMENTS • Reduced paperwork by 67 % by
introducing electronic records management system • Increased scheduling efficiency by 89 % by incorporating executive agenda information into company calendars • Decreased information retrieval time by 50 % by assisting in implementing a state of the art database system • Created a set of 100 memos and regular correspondence formats, which reduced emergency correspondence hassle
Electronic Records Management Systems» (ERMSs») procedures for facilitating accurate access and re-use;
Such requirements make necessary, evidence as to the compliance of
the electronic records management system, in which the record is stored, with the national standard, «Electronic Records as Documentary Evidence CAN / CGSB -72.34-2005.»
People can manage
their electronic records management systems in any way they wish, good or bad.
The requirements of the National Standards of Canada for
electronic records management systems;
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.
And there are a number of short «
electronic records management systems» articles (ERMSs articles) listed on my Slaw author's page.
In regard to best evidence rule issues, admissibility of electronic records requires proof of the «systems integrity» of
the electronic records management systems (ERMSs) in which the records are recorded or stored; see for example: Canada Evidence Act (CEA) s. 31.2 (1)(a); Ontario Evidence Act (OEA) s. 34.1 (5), (5.1); Alberta Evidence Act s. 41.4 (1), (2); and the, Nova Scotia Evidence Act s. 23D (1).
For example, these frequently used evidence - producing types of technology go unchallenged: (1) mobile phone tower location evidence used to locate us - very frequently used because we all carry mobile phones; (2) breathalyzer / intoxilyzer readings; (3)
electronic records management systems (records are now the most frequently used kind of evidence); and, (4) the technology that produces the data used to formulate expert opinion evidence.
In regard to best evidence rule issues, admissibility of electronic records requires proof of the «systems integrity» of
the electronic records management systems (ERMSs) in which the records are recorded or stored; see... [more]
In effect it says that the state of a party's
electronic records management system (ERMS) is irrelevant to electronic discovery proceedings.
«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).
An electronic record (an e-record) is merely an electronic impression upon an electronic storage device, which is but a part of
an electronic records management system (an ERMS).
[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 (pdf).
Legal opinions as to the ability of
electronic records management systems (ERMS's) to satisfy the electronic records demands as to: