BSI PD 0008 - Document Management Legal Admissibility
Legal opinion notes that electronic documents (whether they are scanned copies of paper documents or original 'native' files) are very likely to be admissible in court. Typically, they will have the same evidential weight as original paper documents. However, it may be necessary to prove the authenticity of the electronic document. By following the advice given in the BSI Code of Practice (BIP 0008), your risk of not being able to demonstrate authenticity is significantly reduced.
BIP 0008-1:2004 covers electronic storage of documents
BIP 0008-2:2005 covers documents communicated electronically (including e-mail)
BIP 0008-3:2005 covers the linking of identity to an electronic document
Electronic document management systems provide an easy and controllable way of storing electronic documents. The Code of Practice includes details and recommended approaches to the controls necessary for implementation within and around the electronic document management system, where issues of authenticity may be involved. Each of the parts of the Code of Practice is divided into 5 sections as follows (see PD 0010 for further information):
Part 1 of the Code of Practice notes that it "provides a framework and guidelines that identify key areas of good practice for the implementation and operation of such electronic storage systems, whether or not any information held therein is ever required as evidence in event of a dispute. As such, compliance with this Code should be regarded as a demonstration of responsible business management."
Part 2 of the Code of Practice notes that it "describes procedures and processes for transferring electronic documents from one computer system to another where the issues of authenticity, integrity and availability as required by legal admissibility and evidential weight of the sent and/or received documents are important".
Part 3 of the Code of Practice notes that it "details procedures for the use of [digital] certificates which identify individuals or organisations, as an electronic version of the manual 'signing' of documents by these individuals or organisations".
Each of the Codes of Practice require the demonstration that certain actions have been taken, such that the implementation of good practice procedures can be proven. These actions include:
The Code of Practice is cited in a number of guidance materials, such as:
