Sentences with phrase «upon erms»

Therefore it is completely dependent upon its ERMS for its continued existence, accessibility, and integrity.

Like a drop of water, an e-record is dependent upon its ERMS (its «pool») for its: (a) existence; (b) accessibility; and (c) integrity.

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.

That fundamental dependence of an electronic record upon its ERMS for everything is the «system integrity» concept, i.e., the integrity of an electronic record is dependent upon the integrity of the ERMS wherein it is stored.

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?

An e-record is dependent upon its ERMS for its existence, accessibility, and integrity («integrity» being the word used in the e-record provisions).

Not exact matches

Amusingly, upon waking up this morning and realising that erm, maybe, I shouldn't have told everyone that, Ross began to backtrack.

And s. 31.5 CEA, and s. 34.1 (8) OEA, state that NSCs may be used in determining the admissibility of electronic records in accordance with the «systems integrity» concept set out in s. 31.2 (1)(a) CEA, and 34.1 (5), (5.1) OEA, i.e., the integrity of an electronic record depends upon proof of the integrity of ERMS by or in which the electronic record was recorded or stored.

[ii] The integrity (reliability; truthfulness) of an electronic record is dependent upon the integrity of its electronic records management system (its ERMS).

As a result, the Sedona Canada concept that the discovery process not be made dependent upon the state of records management is inappropriate for ERMS technology.

Such cases are based upon electronic records management system (ERMS) technology.

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.

Therefore there is very likely to be an unacceptably high probability of judgments being based upon inadequate and faulty evidence if the use of ERMS technology to produce records as evidence is not adequately reviewed.

And for an advantage in litigation, to raise an argument for opposing the admissibility of an opponent's records based upon a failure of standards - compliance, one's own ERMS has to be ready for a reciprocal attack.

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.

And errors in the millions of lines of software code that each ERMS program and device depends upon are also very common.

An electronic record in an ERMS is like a drop of water in a pool of water — the drop is dependent upon the pool for everything.

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).

For example, the following are ignored by lawyers and judges: (1) the «system integrity concept» of the e-records provisions of the Ontario and Canada Evidence Acts; (2) the National Standards of Canada for e-records management, which are based upon the same concept; and, (3) the fact that the work of experts in e-records management systems (ERMS's) is based on that very same concept, which states: proof of e-records «integrity» requires proof of the integrity of the ERMS in which the records are stored: s. 34.1 (5), (5.1) OEA & s. 31.2 (1) CEA.

Also ignored are the numerous errors in the software that all ERMS's depend upon.

Two of the four records management components for such a certification process are already in place: (1) Canada has authoritative national standards for electronic records management, which are based upon well established international standards; and, (2) there is a well developed profession of experienced experts in ERMS technology.

(3) changing the strategy for reducing the cost of electronic discovery and admissibility proceedings, from the current «cutting costs by cutting competence» strategy of ignoring ERMS technology — the inadequate competence of case law to provide accurate results — to a strategy that does not deny the nature and dangers of the technology upon which such proceedings are based;

The text, The Sedona Canada Principles — Addressing Electronic Discovery is based upon the former, but the latter is required by the nature of electronic records and their ERMS technology and its consequences for the law.

Electronic discovery can not be made as simple and inexpensive as pre-electronic paper discovery because: (1) the integrity of an e-record is dependent upon the integrity of its ERMS, but the integrity of a pre-electronic paper record is not affected by its records management system; (2) electronic technology has made the making of records much less expensive and time - consuming, therefore ERMSs quickly become voluminous; and, (3) every electronic communication creates a record.

But if it is to make e-discovery and admissibility proceedings adequately respectful of the ERMS technology upon which they are based, it needs the formalization, recognition, and authority of law.

Both fail to recognize that the efficacy and honesty of electronic discovery proceedings depends upon the state of ERMS integrity.