Legal admissibility of electronic records as evidence and implications for records management

Abstract

As civilization develops, both socially and technologically, the laws that govern human action must change accordingly. This paper examines the current legal debate over the nature of electronic records and their legal admissibility as evidence in light of past debates on the admissibility of microfilm, photocopies, and written documents themselves. The author sees contemporary judicial thinking as following the historical trend of relying on personal testimony and "dependable systems" to ensure documentary veracity and validity. The conclusion stresses the impact of the legal status of electronic records on records management programs and the need for records managers to be aware of the foundations of current legal thought.