Experts
in electronic records management apply more than 250 tests to certify the compliance of an ERMS with these standards.
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.
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.
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.
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.
Such certification of compliance work has been done for many years by experts
in electronic records management.
Not exact matches
Congress has also mandated that all fleet
management systems should have
electronic on - board
recording (EOBR) devices
in all vehicles.
Suffolk County District Attorney Thomas Spota said
in a statement that analysis of «voluminous paper and
electronic records reflecting the suspect's
management of the money» is ongoing.
«Our results indicate that this simple intervention could be an effective and scalable approach to use the design of
electronic health
records to increase the rate of flu vaccinations, which are estimated to prevent millions of flu cases and tens of thousands of related hospitalizations every year,» said study lead author Mitesh S. Patel, MD, MBA, MS, an assistant professor of Medicine and Health Care
Management in Penn's Perelman School of Medicine and The Wharton School, a staff physician at the Crescenz VA Medical Center, and director of the Penn Medicine Nudge Unit, whose work is supported by the Penn Center for Health Incentives and Behavioral Economics.
A new study has found access to
electronic health
records in acute care situations may influence the care given to that patient, and
in some cases, failure to review the EHR could have adversely affected the medical
management.
Ram and her collaborators — including Wenli Zhang, a UA doctoral student
in management information systems, and researchers from the Parkland Center for Clinical Innovation — created a model that was able to successfully predict approximately how many asthma sufferers would visit the emergency room at a large hospital
in Dallas on a given day, based on an analysis of data gleaned from
electronic medical
records, air quality sensors and Twitter.
UC San Diego Health achieves Stage 7 of
electronic medical
record (EMR) adoption — a ranking devised by the Healthcare Information and
Management Systems Society (HIMSS) Analytics group and achieved by only 1.1 percent of U.S. hospitals
in 2011.
Orlando, FL About Blog Steve Puckett: Visionary consultant, influential leader, dominant player
in the
electronic medical
record (EMR), EHR & healthcare
management technology sector.
It has a built -
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electronic document
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In this webinar, our guest, a highly - experienced school administrator, will examine the real costs associated with her physical
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More than just a trend of the modern digital age, implementing
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Orlando, FL About Blog Steve Puckett: Visionary consultant, influential leader, dominant player
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electronic medical
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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 st
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 st
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 st
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 st
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
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 st
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 st
records management experts, of their
electronic records management systems (ERMS's) with the national
electronic records management systems (ERMS's) with the national st
records management systems (ERMS's) with the national standard.
[ii] This paper updates and revises my article, «
Electronic Discovery — Sedona Canada is Inadequate on
Records Management — Here's Sedona Canada
in Amended Form (2011), 9 Canadian Journal of Law and Technology 135.
See further: (1) «The Dependence of
Electronic Discovery and Admissibility upon
Electronic Records Management,» Slaw blog, Nov. 22, 2013; (2) «
Electronic Discovery — Sedona Canada is Inadequate on
Records Management — Here's Sedona Canada
in Amended Form,» (2011), 9 Canadian Journal of Law and Technology 135, by Ken Chasse («Chase»), LSUC & LSBC,
in Toronto.
However, there 2 other cases
in which the state of
electronic records management was provided, prior to admitting electronically - produced
records as evidence.
Also, the 2nd edition will not direct sufficient attention to: (1) the serious, common defects of
records management and of software, and their considerable worsening of the difficulty of determining the adequacy of disclosure made
in discovery proceedings; and, (2) the fact that the admissibility of
records is dependent upon proof of the «integrity» of the
records systems
in which they are stored, which requires proof of the compliance of such
records systems with the National Standards of Canada for
electronic records management.
Whereas pre-
electronic paper
records management technology can be symbolized by a piece of paper
in a file drawer, an
electronic record is like a drop of water
in the pool of water that is its ERMS.
(Until the second edition of 72.34 replaces the first, ask opposing counsel and witnesses, «has your
electronic records management system been certified as being
in compliance with the National Standards of Canada, and if so when?)
Two of the four components for such a certification process are already
in place: (1) Canada has authoritative national standards for
electronic records management, that are based upon well established international standards; and, (2) there is a well developed profession of experienced experts
in ERMS technology.
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.
Since 1978 he has been a legal advisor
in the development of the National Standards of Canada for
electronic records management.
Like a drop of water
in a pool of water, it is dependent upon its
electronic records management system (its ERMS) for everything, i.e.,
records integrity requires proof of
records system integrity.
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.
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
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
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).
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.
Additionally, we participate
in the
Electronic Discovery Reference Model and are members of ARMA International ®, one of the leading information and
records management professional organizations.
Amy later was hired as the first
in - house counsel at UL Workplace Health and Safety, a software company specializing
in health and safety
management (including
electronic medical
records) and health and safety education.
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... [mor
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... [mor
in which the
records are
recorded or stored; see... [more]
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.
To the contrary of Sedona Canada 2nd,
electronic records management technology makes these 3 concepts more interdependent
in law and necessary application: (1) the «system integrity concept» of the e-
records provisions of the Evidence Acts; (2) the «proportionality principle» of
electronic discovery proceedings; and, (3) the «Prime Directive» of 72.34: «an organization shall always be prepared to produce its
records as evidence», i.e.,
records systems must always be kept
in compliance with this national standard (otherwise, the e-
records produced, and the adequacy of their production, should not be relied upon because, the quality of
records system integrity determines the quality of
records integrity — that is the «system integrity concept»).
the development of a capability to accept
electronic case filing via a portal that will feed into the
electronic document and
records management system so that documents are immediately accessible to Justices and SCC staff as well as
in the Courtroom
Its high cost, dependence upon the quality of
electronic records management, interdependence with admissibility of evidence rules and practices, and development of TAR (technology aided review) software, which
in itself raises many complex issues, will maintain disclosure and discovery's importance to all litigators for many years to come.
Prior to practicing law, Jake spent several years working
in consulting and project
management with hospitals and regional physician networks that transitioned from paper to
electronic medical
records.
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
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
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).