Trusted Systems / Electronic Records Diane R. Gladwell, MMC President Gladwell Governmental Services, Inc., (909) 337-3516 Info@gladwellgov.org www.gladwellgov.org
E-Records, if Record Copy Must be kept pursuant to routine procedures designed to assure their accuracy Federal Rules of Evidence, Rule 803(6).. reflect the content, structure, and context within the system. Electronic records should be inviolate (not damaged, destroyed, or modified), coherent (represent logical relationships), and auditable (actions taken to the document can be documented) Model Guidelines for Electronic Records, National Historical Publications and Records Commission 2
Summary (Municipal Gov s) If you want to destroy a paper version (to rely on the image as your original) GC 12168.7, 34090.5; EVC 1550 Written policies & procedures Quality Check Images Must contain all significant details from the original and are an adequate substitute for the original document for all purposes for which the document was created or maintained. Quality Check Indexes AND. 3
Summary (Municipal Gov s) Store images on MEDIA that does not permit additions, deletions, or changes to the original document (EVC 1550 requires optical media ) Media must be stored in a safe & separate location Why? Most backup media is re-cycled / re-written All magnetic media have a % of corrupted data Some Cities have not realized records were deleted for a while and originals were not able to be recovered (forever gone, because the backups had been re-written.) 4
Trusted System Definition GC 12168.7 "trusted system" means a combination of techniques, policies, and procedures for which there is no plausible scenario in which a document retrieved from or reproduced by the system could differ substantially from the document that is originally stored. 5
New CA Code of Regulations California Secretary of State (author) Stakeholders / Process Trustworthy Electronic Records 2 CCR 22620 et seq. Effective August, 2012 6
New CA Code of Regulations Incorporates AIIM and ANSI Standards Compression Formats File Formats (TIFF, PDF, PDF/A) Records to be Maintained in a Trusted System 7
PDF-A for Files (Save As) 8
PDF-A for Files (Print) 9
New CA Code of Regulations Applies to ALL electronic records created or stored as the official record Applies where the intent is to destroy the original hardcopy and to maintain an electronic version as the official record. Also applies to electronically originated documents or records that are maintained as official documents or records. 10
New CA Code of Regulations Official Documents or Official Records Defined as such in applicable statutes and in business practices of the entity responsible for retained said documents or records. In the absence of applicable statutes, official records or documents are those defined in the entity s business practices. 11
New CA Code of Regulations ECMS (Electronic Content Management Systems) Implemented six months after adoption (8/2012) Shall be designed in accordance with Section 6.2 Recommended Project Steps and Activities of AIIM ARP1-2009, Analysis, Selection and Implementation of Electronic Document Management Systems. Existing ECMS Should be evaluated to the greatest extent technologically and procedurally possible, and as soon as practicable secure all necessary local approvals to meet the intent as defined in these regulations. 12
Backup / Unalterable Media Two separate copies must be created Restates Unalterable Media requirement: write at least one copy of the electronic document or record into electronic MEDIA that does not permit unauthorized additions, deletions, or changes to the original document and that is to be stored and maintained in a safe and separate location. (AIIM-ARP1-2009, 5.3.3 (c)) 13
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What Systems? ECMS (Electronic Content Management Systems) Home Grown Imaging Financial (scanning invoices?) Building Permit Work Order Systems 15
Possible Solutions for Media DVD-r, CD-r, Blue-Ray-r WORM Tape Existing backups - SONY Worm Tape WORM Appliances (Servers) Example: Assureon Purchase from your ECMS Vendor Hosted Archive@atscloud.com Microfilm / Microfiche Paper 16
Where to Find the Laws. California Statutes (GC 34090.5, 12168.7, EVC 1550) California Code of Regulations & AIIM & ANSI Standards (CA Secretary of State s website) https://www.sos.ca.gov/archives/electroni c-records.htm 17
Thank you! Questions? Worries? Aren t you glad you accepted your job? No backing out now. 18