Evidential weight and legal admissibility of electronically stored information (ESI) - Code of practice for implementation of BS 10008-1

Evidential weight and legal admissibility of electronically stored information (ESI) - Code of practice for implementation of BS 10008-1

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What is BS 100082 about?  

BS 10008  is a British Standard on document management applications that provides necessary guidance on efficiently managing electronically stored information (ESI). 

BS 100082 is the second part of the series of documents that gives recommendations and guidance for the implementation and operation of information management systems that manage information electronically (including where the electronic information is transferred from one computer system to another) and where the issues of authenticity, integrity, and availability as required for legal admissibility and evidential weight are important. 

BS 10008-2 is essentially also used as a guide to implement BS 10008-1. 

NOTE: BS 100082 does not cover processes used to evaluate the authenticity of ESI before it is imported into the system. BS 100082 also does not recommend specific technologies, but simply details required attributes, procedures, and processes to be applied, together with the requirements for the audit of such systems. 

Who is BS 100082 for?  

BS 100082 on ESI is intended for: 

  • Any systems that stores/transmits information electronically, uses databases or other electronic system, manages information electronically including write-once-read-many(WORM) and rewritable technologies 
  • End-user organizations that wish to ensure that ESI captured by, imported into, stored and/or transmitted within their information management systems can be used with confidence as evidence in any dispute, within or outside a court of law 
  • End-user organizations that wish to ensure that electronic identity management systems can be used with confidence as evidence in any dispute, within or outside a court of law.  
  • Integrators and developers of information management systems that provide facilities to meet user requirements 

Why should you use BS 100082?  

BS 100082 assists organizations in dealing with problems, specifically concerning evidential and legal issues, of using technology for their electronically stored information (ESI) which helps the organizations to store their electronic information without any difficulty. This helps in efficiently maintaining an electronic legacy as paper documents get replaced.   

BS 100082 covers procedures and processes relevant to the following ESI authentication principles: 

  • Electronic identity verification 
  • Electronic signature 
  • Electronic copyright  

BS 100082 covers aspects of the information management processes that affect the use of ESI in normal business transactions, even where legal admissibility per se is not an issue. Such aspects include the legibility, accuracy, and completeness of the ESI and the transfer of the ESI to other systems. 

BS 100082 identifies areas of good practice for the implementation and operation of such electronic storage, transmission, and identity management systems 

BS 100082 covers the application of technology to provide electronic message sender and recipient identity verification.