Legality of Optical Disk: An Update

By Skupsky, Donald S. | Records Management Quarterly, July 1990 | Go to article overview

Legality of Optical Disk: An Update


Skupsky, Donald S., Records Management Quarterly


Optical disk technology may offer effective solutions to pressing information management problems. Organizations in both the public and private sector continue to explore the feasibility of adopting this technology to meet their own needs.

Some believe that the legal questions regarding this technology may present obstacles to its widespread acceptance. Will records maintained by this technology be admissible in evidence? Can records required by state and federal regulatory agencies be maintained using this technology? Can government agencies use this technology for their own purposes? What legal principles will apply to this technology in countries outside the United States?

Since my last article on the subject appeared in the Records Management Quarterly', a few laws have changed and a few new issues have been raised. At least three states have addressed optical disk in laws affecting records as evidence. A few other states have addressed legal issues regarding the use of this technology by state government agencies.

The legal questions regarding optical disk can be categorized in four distinct areas:

* Admissibility in evidence

* Submission to government agen - cies

* Use by government agencies

* Law in countries outside the

United States

This article provides additional information in each of these four areas.

ADMISSIBILITY IN EVIDENCE

In the United States, two uniform laws clearly establish the basis for admitting records maintained on optical disk systems into evidence: The Uniform Rules of Evidence and The Uniform Photographic Copies of Business and Public Records as Evidence Act (UPA).2 Both laws would admit duplicate records into evidence if they accurately reproduce the original.

The optical disk 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 optical disk-exhibit the same three characteristics.

  1. Image Capture. A photographic,
     scanning or other process to
     identify and capture the image
     of the original document.
   2. Image Manipulation. A photo
-     graphic, electronic, photostatic
     or other process that transforins
     the captured image into a for
-     mat for storing and reproducing
     the image.
   3. Visible Reproduction. A photo
-     graphic, photostatic, printing, or
     other process that converts the
     manipulated image into a visible
     form.

An optical disk system, for example, utilizes an electronic scanner for image recognition, computer software, memory and optical disk storage for image manipulation and graphic terminals and laser printers to make the image visible. An optical disk system is therefore similar to other reproduction technologies. Like all other reproduction technologies, the image will be manipulated and. converted from one form to another. As long as the final reproduced image accurately reproduces the original, the law of evidence in the United States would allow the visible records produced by any technology to be admissible in evidence.

Most organizations recognize that courts will require paper prints of duplicate records. Even though microfilm would be admissible in evidence in court, few judges will be willing to accept the film itself, even when they are provided with a reader/printer. Instead, they will insist that paper prints be prepared because they feel more comfortable with paper records. USING OPTICAL DISK IMAGES

IN COURT

In a recent court case in California's San Mateo County, records were scanned using an optical disk system and presented to witnesses on computer terminals. Most witnesses were reluctant to identify the documents as the ones they signed, prepared or used. As a result, the court was unable to use records from the optical disk system in evidence. …

The rest of this article is only available to active members of Questia

Sign up now for a free, 1-day trial and receive full access to:

  • Questia's entire collection
  • Automatic bibliography creation
  • More helpful research tools like notes, citations, and highlights
  • Ad-free environment

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

Legality of Optical Disk: An Update
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.