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Legality Issues of Document Scanning, Electronic Imaging and Records Archiving

Are scanned document legally accepted?

In the United States, two uniform laws clearly establish the basis for admitting records maintained on document imaging systems into evidence: The Uniform Rules of Evidence [US 128-0060-00 to 0170-00] and The Uniform Photographic Copies of Business and Public Records as Evidence Act (UPA) [US 1128-0020-00]. Both laws would admit duplicate records into evidence if they accurately reproduce the original. The document imaging technology is a duplication technology similar to photocopies, microfilm and facsimile. The four best-known reproduction techniques - photocopy, microfilm, facsimile and electronic image management or document imaging - exhibit the same two characteristics.

Image Capture; a photographic, scanning or other process to identify and capture the image of the original document. Image Manipulation; a photographic, electronic, photostatic or other process that transforms the captured image into a format for storing and reproducing the image.

 

Visible Reproduction; a photographic, photostatic, printing, or other process that converts the manipulated image into visible form. A document imaging system, for example, utilizes an electronic scanner for image recognition. Computer software, memory and optical disk storage are used for image manipulation. Graphic terminals and laser printers make the image visible. A document imaging system is therefore similar to other reproduction technologies.

State agencies usually write their own regulations to implement record archival laws. This data is much to extensive for Aloha Copy & Scanning to list here.

For current CA State Laws about electronic imaging contact:

If you are not in California you will need to consult the appropriate officer at your State Government office for information.

Some Regulatory Compliance Links

  • HIPAA - Health Insurance Portability and Accountability Act (HIPAA) of 1996, Public Law 104-191
  • Sarbanes-Oxley - The Sarbanes-Oxley Act (officially titled the Public Company Accounting Reform and Investor Protection Act of 2002 and commonly called SOX and Sarbox)
  • Paperwork Reduction Act - Paperwork Reduction Act (44 U.S.C. 3501 et seq.)

More Standards Links

AIIM - Association for Information and Image Management
ARMA - Association of Records Managers and Administrators
ANSI - American National Standards Institute
ISO - International Standards Organization

Visit our Retention Schedule for more information about your document retention requirements.

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