Implement unified database to facilitate accuracy
in electronic records.
Experts
in electronic records management apply more than 250 tests to certify the compliance of an ERMS with these standards.
This very varied evidentiary legislation situation, will produce a very inconsistent caselaw, one jurisdiction to the next, once judges and lawyers realize the consequences in law required by the fundamental difference between an electronic record and a pre-electronic paper record — in particular, the «system integrity concept» that is expressly stated
in the electronic records provisions; e.g.: s. 34.1 (5), (5.1) of the Ontario Evidence Act; and, s. 31.2 (1) of the Canada Evidence Act (see my Slaw blog article, «The Dependence of Electronic Discovery and Admissibility upon Electronic Records Management,» published Nov. 22, 2013).
The several innovations, concepts, and arguments developed in this article have been made possible by what I have learned from working with experts
in electronic records management for many years.
The «system integrity» concept that is
in the electronic records provisions in 11 of the 14 Evidence Acts in Canada, [2] dictates that the use of an e-record as evidence requires an assessment of the records management of the ERMS in which it is stored — «records integrity» requires proof of «systems integrity.»
That is the foundation concept of the work of experts
in electronic records management.
[4] Therefore, during e-discovery proceedings concerning large ERMSs, opposing lawyers should be asking one another: «Is your client's electronic records management system in compliance with the National Standard of Canada for electronic records management, and if so, when was the last time it was so certified by an expert
in electronic records management?»
Example, I have practised with experts
in electronic records management for 30 + years.
Countless federal records are being lost to posterity because federal employees, grappling with a staggering growth
in electronic records, do not regularly preserve the documents they create on government computers, send by e-mail and post on the Web.
The three analogies: (1) whereas a pre-electronic paper record can be symbolized by a piece of paper in a file drawer, an electronic record is like a drop of water in a pool of water, i.e., it is completely dependent upon its ERMS for its existence, accessibility, and «integrity» (as that word is used
in the electronic records provisions of the Evidence Acts; e.g. s. 31.2 (1)(a) CEA); (2) if expert opinion evidence were rendered admissible in the way that electronic records are, there would be no evidence presented, nor cross-examination allowed, as to the qualifications of the expert witnesses, i.e., the «qualifications» of an electronic record being the state of records management of the ERMS in which it is stored; (3) going from a horse - powered transportation system to a motor vehicle - based transportation system has required a vast amount of new laws, regulations, and enforcement personnel, including police officers, judges, and lawyers, i.e., stepping up to a new technology requires that it be controlled by new laws and regulations, otherwise it will cause injury, damage, and injustice.
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.
And e-records
in their electronic records management systems are like drops of water in pools of water, and not like pieces of paper in file drawers.
But the phrase
in the electronic records provisions of the Evidence Acts, «the integrity of the electronic records [or documents] system,» requires an authoritative national standard to give it a sufficiently precise meaning to be workable — e.g. s. 31.2 (1)(a) of the Canada Evidence Act, and the reference to the use of standards in s. 31.5.
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]
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).
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.
My experience comes from having worked for many years with experts
in electronic records management systems technology, creating, altering, and repairing large institutional ERMS's.
[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.»
And it ignores the requirement
in the electronic records provisions of the Evidence Acts that admissibility of electronic records requires proof of the «integrity of the electronic records system» in which the records are stored.
Such certification of compliance work has been done for many years by experts
in electronic records management.
David Hanauer at the University of Michigan Medical School went data - mining
in electronic records, for possible links between medical conditions.
Normally the physician would have to describe this finding
in her electronic record with words alone.
Furthermore, in 7 % of the bugs, all of the people listed
in the electronic record had no relationship at all to the bug.
The graphs are entirely clear — the electronic records almost always got the number and names of people involved wrong and almost always got the number and type of key events wrong, and in nearly every case, the errors were not discovered until the paper's authors sat down with the people involved
in the electronic record and talked to them.
Aranda pointed out above that my comparison to a Level 2 analysis is not quite right even though I think it more correctly captures the type of information included
in the electronic record.
That concept is expressly made the basis of the rule of admissibility
in the electronic record provisions that are in 11 of the Evidence Acts in Canada — e.g., s. 34.1 (5), (5.1) of the (Ontario) Evidence Act, and s. 31.2 (1) of the Canada Evidence Act.
We were told that process notes are often kept separate to limit access, even
in an electronic record system, because they contain sensitive information relevant to no one other than the treating provider.
This Act would have taken effect on or before January 1, 2014 and applied to «all legal material
in an electronic record that is designated as official under section 3E.04 and first published electronically on or after January 1, 2014.»
Its short statement that «An official publisher of legal material
in an electronic record that must be preserved under Section 7 shall ensure that the material is reasonably available for use by the public on a permanent basis» does not mandate free access and leaves too much leeway to remove material under «reasonable» conditions.
Fully expert in personal care and housekeeping tasks, I can also be of assistance
in electronic record keeping at the facility and adept at maintaining inventories.
• To attain a billing specialist position at XYZ Engineering utilizing skills
in electronic record keeping, bills generation and invoices processing to provide support in accounting department and expedite timely payments.
Documents all billable and non-billable services
in the electronic record within established timeframes.
Confirms ordered labs are ordered correctly
in electronic record to include correct reference lab
Not exact matches
These are important, are common, have short latencies and are conditions patients seek care for, so they are thus well - documented
in the
electronic health
record.
It can be tempting to simply
record the transactions they represent
in your books and throw them away, delete them (if they are
electronic) or simply lose track of where they are.This is a big mistake.
Companies that use
electronic programs to search for such
records are sometimes more expensive than lawyers
in the short term, Twardy said.
MORE: Canada's lag
in adopting
electronic health
records is getting ridiculous
Also, as of 2006, any type of
electronic records, including e-mail, can be used as evidence
in federal lawsuits.
California's Hollywood Presbyterian Medical Center shelled out 40 bitcoins, or about $ 17,000, last month after being slapped with ransomware
in order to regain access to its
electronic health
records system.
EHR INTEROPERABILITY TO PLAY A BIG ROLE
IN AURORA - ADVOCATE MERGER: A potential merger between Advocate Health Care and Aurora Health Care would likely involve some level of integration of the three separate
electronic health
record (EHR) systems, according to FierceHealthcare.
It's not just
electronic health
records that are a problem
in terms of interoperability.
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.
Right now, that data is locked up
in electronic health
records, which tend to be organized to help bill insurers, rather than detail, say, the rate at which the tumor is shrinking,
in a way that could be pulled out for a study.
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.
E-mail has become so intrinsic to the way work is done at companies of all sizes, it's where most business
records are stored, says Nancy Flynn, executive director of the ePolicy Institute, a Columbus, Ohio, an
electronic communications consultant and author of a book on e-mail policies due out
in December.
It's common for employers, especially ones involved
in national security and defense, to keep
records of the
electronic transactions of their workers.