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Legal issues around document imaging
September 16, 2008 – 8:47 pm by Lance MichalsonMany organisations want to destroy original paper documents and rely upon the information in image form as evidence of business activities. The question that is frequently asked is this: Can physical source documents (e.g. paper) be destroyed after being imaged and will an imaged document stand up in court? There is no simple answer to this question.
ECT ACT
The ECT Act permits the keeping of records in electronic form (sections 14 and 16) but does not provide details or guidelines on what organisations should implement in practice. The ECT Act also does not override provisions in other laws where electronic retention is specifically excluded or where requirements are prescribed.
It is therefore advisable to perform a review of regulatory requirements before physical source documents are destroyed after imaging. Expert legal opinion suggests that the issues around the authenticity and admissibility of electronic imaging are best resolved by the creation and implementation of rules of ‘best practice’ which must be used in conjunction with the existing South African law of evidence.
LAW OF EVIDENCE
Imaged documents can be used as evidence in terms of
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Tags: Imaging, scanned documents
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