That requires the application of the national standards
of electronic records management by which to judge the state of ERMS management.
Therefore it doesn't investigate such defects, or the state
of electronic records management, or the quality of the software that operates it.
(3) the legal consequences
of electronic records management systems changing as their organizations and operations change; and,
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.
Electronic discovery can not produce fair and accurate results unless the quality
of the electronic records management is investigated.
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).
And therefore, how can the Sedona Canada Principles — Addressing Electronic Discovery be an adequate text, given that it completely ignores the importance
of electronic records management, and the critical dependence on an electronic record upon its ERMS, and also the provisions of the Evidence Acts?
Therefore an investigation of the quality
of electronic records management is mandatory.
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 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).
[ii] The integrity (reliability; truthfulness) of an electronic record is dependent upon the integrity
of its electronic records management system (its ERMS).
However, there 2 other cases in which the state
of electronic records management was provided, prior to admitting electronically - produced records as evidence.
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.
This appeal requires an examination of the effect
of electronic record management on the laws of evidence, which were formulated on different assumptions about how records are kept.
Not exact matches
If a small business uses
electronic records management (ERM) software the application will take care
of properly purging old information, Larrivee says.
• CentralReach, a Pompano Beach, Fla. - based provider
of electronic health
record and practice
management software for clinics focused on applied behavioral analysis and speech therapy, raised funding
of an undisclosed amount, from Insight Venture Partners.
The following is a sample list
of the Practice
Management and
Electronic Medical
Records systems we use.
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.
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.
«The
electronic records management business
of HCE started with ten employees.
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.
Administration
of Medication Policy Background Check and Reporting Policy Bullying Policy Bylaws
of Weilenmann School
of Discovery Child Abuse Reporting Communication Policy Conflict
of Interest Policy Copyright Policy Discipline and Behavior Policy Drug & Alcohol Policy Dual Enrollment Policy Educator Rights Policy Enrollment Policy Establishment
of Board Committees Fee Schedule & Policy Fee Waiver Policy Finance Policy General Education Provisions Act Statement Grievance Policy Grievance Form Head Injury Policy Heavy Equipment Policy Hiring Practice and Policy Honor Code Learning Resources Reconsideration Policy Learning Resources Selection Policy Nondiscrimination Statement Nutrition and Physical Wellness Policy Parent / Guardian Rights Policy Parental Notification Policy
Records Management Policy Responsible
Electronic Device Use Policy Safe Walking and Biking Policy Service Animal Policy Special Education Policies and Procedures Manual Statement
of Religious Freedom and Policy Student Acceleration & Retention Policy Student Attendance Policy and Procedures Student Data Privacy and Security Governance Policy Suicide Prevention Policy Technology Security Policy Test Administration Policy Title I Parent Involvement Policy and Information Volunteer Policy Form
More than just a trend
of the modern digital age, implementing
electronic talent
management processes helps schools and districts correct inefficiencies and inaccuracies not previously identified, as leaders at Fort Zumwalt School District in Missouri discovered when implementing
Records — PeopleAdmin's automated recordkeeping solution.
Graduates work in diverse areas
of the information profession, such as user experience design, digital asset
management, information architecture,
electronic records management, information governance, digital preservation, and librarianship.
Such certification
of compliance work has been done for many years by experts in
electronic records management.
[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.
My published paper «The Sedona Canada Principles are Very Inadequate on
Records Management and for Electronic Discovery» [i] criticizes the first edition (January 2008) of: The Sedona Canada Principles — Addressing Electronic Discovery (hereinafter, «Sedona Canada») because it provides neither analysis nor description of the relationship between electronic discovery and electronic records management s
Records Management and for Electronic Discovery» [i] criticizes the first edition (January 2008) of: The Sedona Canada Principles — Addressing Electronic Discovery (hereinafter, «Sedona Canada») because it provides neither analysis nor description of the relationship between electronic discovery and electronic records managemen
Management and for
Electronic Discovery» [i] criticizes the first edition (January 2008) of: The Sedona Canada Principles — Addressing Electronic Discovery (hereinafter, «Sedona Canada») because it provides neither analysis nor description of the relationship between electronic discovery and electronic records managemen
Electronic Discovery» [i] criticizes the first edition (January 2008)
of: The Sedona Canada Principles — Addressing
Electronic Discovery (hereinafter, «Sedona Canada») because it provides neither analysis nor description of the relationship between electronic discovery and electronic records managemen
Electronic Discovery (hereinafter, «Sedona Canada») because it provides neither analysis nor description
of the relationship between
electronic discovery and electronic records managemen
electronic discovery and
electronic records managemen
electronic records management s
records managementmanagement systems.
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.
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.
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).
That is why the application
of the National Standards
of Canada for
electronic records management is so very necessary.
Management of services, staff, budget and evaluation at the strategic and operational level, makes law librarians a great fit for electronic document / records m
Management of services, staff, budget and evaluation at the strategic and operational level, makes law librarians a great fit for
electronic document /
records managementmanagement.
However, the Principles are not intended to place significant focus on
records management (RM) or the importance or desirability
of appropriate RM practices so as to be properly prepared for litigation, or on issues related to the integrity
of information systems under Evidence Acts, or on the substantive law related to the admissibility
of electronic records into evidence.
(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.
«
Records management law» will be a necessary area of specialization because electronic records are as important to daily living as are motor vehicles, and are now the most frequently used kind of ev
Records management law» will be a necessary area
of specialization because
electronic records are as important to daily living as are motor vehicles, and are now the most frequently used kind of ev
records are as important to daily living as are motor vehicles, and are now the most frequently used kind
of evidence.
And there are a number
of short «
electronic records management systems» articles (ERMSs articles) listed on my Slaw author's page.
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.
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.
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.
Are lawyers still afraid
of electronic discovery and
records management?
The admissibility
of an
electronic record requires proof
of its
records management «system integrity»; e.g.: Canada Evidence Act (CEA) s. 31.2 (1)(a); and, Ontario Evidence Act (OEA) s. 34.1 (5), (5.1).
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.
Even more dangerous to the rule
of law: more such national standards will be required to serve the legislation that will be made necessary by our increasing dependence upon
electronic records and information
management technology.