The MER Experience
The 25th Year of Delivering Premier Electronic Records Management Education

Session 26: An Up-to-Date Answer to a Long-Standing Question: Can Paper Records That Have Been Imaged Then Be Destroyed?

Question: Can paper records, which have been imaged, be destroyed?  There is no reason to retain the original “paper,” of virtually any imaged paper record for any length of time. Moreover, imaged records should be as admissible in a legal proceeding even though they are copies of destroyed “original” paper records.

In this session, learn why imaged records are just as admissible as original paper records – based on:

  • The Federal Rules of Evidence and state equivalents,
  • Case law, and
  • A plethora of federal and state statutes and regulations.

There is no legal foundation or rationales for retaining the great majority of imaged original paper records.

Why then are so many organizations retaining their imaged paper records and incurring the unnecessary and wasted storage costs associated with retaining these records?

From this session, attendees will take away:

  • The multiple legal foundations for the admissibility of imaged records,
  • An overview of the ways imaged records are regularly admitted into legal proceedings,
  • How you can determine the wasted cost to unnecessarily store imaged paper records, and
  • A clear understanding of your organization’s potential cost to conduct a legal review of both the imaged records AND the original paper records of those records.

Do images of paper records inherently manifest the same accuracy, reliability, and trustworthiness (admissibility) as does the original paper record?  Learn about the standards which leading decisions have described – and how these can be easily met through certain “management evidence” created and retained in the regular course of business regarding the imaging conversion process.

Following the speakers’ presentations, there will be an extensive opportunity for Q&A.

Registrants planning to attend this session are encouraged to review the definitive White Paper, The Legality of Digital Image Copies of Paper Records, prepared by this session’s speakers.

Speakers: Hon.Ronald J.Hedges, John Isazq,Esq., Robert Williams

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