Legal Admissibility

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This is the most common query faced by eDM/ ECM providers. Most organisations will want to destroy original paper documents, free up filing space and stop using physical storage with all the inefficiencies entailed. In the vast majority of cases original documents do not need to be retained. However, certain key documents will need to be retained – most notably artefacts proving tax deducted for HMRC purposes and signed leases, title deeds and contracts. The most sensible policy to adopt here is to retain what is obviously most legally critical and, if you are unsure then seek further advice from any relevant professional body (ICAEW, HMRC, Law Society etc.) So, having set out the escape clause be assured that on a practical basis, most operational documents can be destroyed without fear of comeback. After all, once captured electronically and saved the document is available more quickly and with more accuracy than any physical filing system. Once lodged the document will always be retrievable and this reliability lies at the heart of Invu Document Management. But what about those important documents? Those which you might need if there was ever a dispute or, worse still, got as far as Court? Here’s where the issue of “Legal Admissibility” comes into play.

This is the most common query faced by eDM/ ECM providers. Most organisations will want to destroy original paper documents, free up filing space and stop using physical storage with all the inefficiencies entailed.

In the vast majority of cases original documents do not need to be retained. However, certain key documents will need to be retained – most notably artefacts proving tax deducted for HMRC purposes and signed leases, title deeds and contracts. The most sensible policy to adopt here is to retain what is obviously most legally critical and, if you are unsure then seek further advice from any relevant professional body (ICAEW, HMRC, Law Society etc.)

So, having set out the escape clause be assured that on a practical basis, most operational documents can be destroyed without fear of comeback. After all, once captured electronically and saved the document is available more quickly and with more accuracy than any physical filing system. Once lodged the document will always be retrievable and this reliability lies at the heart of Invu Document Management.

But what about those important documents? Those which you might need if there was ever a dispute or, worse still, got as far as Court? Here’s where the issue of “Legal Admissibility” comes into play.

There are two key cornerstones here: the 1995 Civil Evidence Act and BS 10008:2008 (Evidential Weight & Legal Admissibility of Electronic Information code of practice), the latter incorporating the previous bedrock BIP008. Most other bodies (e.g. HMRC) stand on the shoulders of these, notably referencing the British Standard which itself relies on the legislation. There’s more on these in our Legal Admissibility whitepaper.

To ensure full compliance with the BSI standard you’ll need both a certified document management system and complimentary working practices. Invu Document Management conforms to the fundamental principles as follows:

1. Non repudiation – any copy (e.g. a scanned image) must be a true and unalterable image of the original document. (Documents stored in Invu Document Management cannot be altered and cannot be overwritten – updated copies of documents already filed are saved as new un-editable versions)

2. Audit trails – all actions performed in Invu Document Management are subject to a comprehensive audit trail.

In addition to these principles you’ll also need to ensure that you have:

1. Recognition and understanding of all types of information in the organisation i.e. an information management policy

2. Business procedures and processes – e.g. storage and access of documents, scanning procedure, archiving policies, system administration

3. Enabling technologies – in this case Invu Document Management, but you can supplement this with other systems too

With sensible processes which are adhered to and Invu Document Management you will be able to start freeing up space, time and making efficiencies safe in the knowledge that you’re covered.

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