By complying with BS 10008, "it is anticipated that the
evidential weight of electronic information transferred to and/or
managed by a corporate body will be maximised," said national
standards body BSI British Standards.
The Standard is called Evidential weight and legal admissibility
of electronic information – Specification. It sets out the
requirements for the implementation and operation of electronic
information management systems, including the storage and transfer
of information, and addresses issues relating to authenticity and
integrity of information.
Legal admissibility concerns whether or not a piece of evidence
would be accepted by a court of law. To ensure admissibility,
information must be managed by a secure system throughout its
lifetime, which can be for many years. Where doubt can be placed on
the information, the evidential weight may be reduced, potentially
harming the legal case.
BS 10008 aims to ensure that any electronic information required
as evidence of a business transaction is afforded the maximum
evidential weight. The process is based on the specification of the
requirements for planning, implementing, operating, monitoring and
improving the organisation’s information management systems.
It addresses issues related to electronic identity verification,
including the use of electronic signatures and electronic copyright
systems, as well as the linking of electronic identity to
particular electronic documents.
The Standard also addresses document scanning processes and the
provision of a full life-history of an electronic object throughout
its life.
Alan Shipman, chairman of the BSI committee responsible for the
development of BS 10008, said: “The new standard is an important
step in ensuring the admissibility of evidence in the UK. BS
10008 has been developed by a wide range of experts in the field of
document management and has taken into account all the feedback
received during the public comment period.”
Mark Surguy, a litigator at Pinsent Masons, the law firm behind
OUT-LAW.COM, welcomed the new standard, but urged caution.
"Adoption of this new standard should form part of a
fully-considered strategy for managing information risk," said
Surguy. "In that respect it is greatly welcomed."
"Compliance officers, risk managers, in-house legal, Chief
Information Secrurity officers and records managements staff should
all take congnisance of this new standard and integrate it into
their organisations' management processes," he said.
However, Surguy said that businesses should also understand that
failure to comply with the standard is not fatal to the
admissibility of evidence. "Failure to comply is unlikely in a
civil case to result in the evidence being rejected by a court as
inadmissible," he said. Similarly, compliance with the standard
will not necessarily render what is otherwise inadmissible
admissible in a civil case, because most evidence is now admissible
in court proceedings in England & Wales, Surguy said.
"What is important is the weight of the evidence," he said. "The
inherent problem with electonic evidence is that is can so easily
be changed. Arguments are often deployed in court to undermine
electronice evidence if there is an opportunity for it to have been
altered in any way. This is especially crucial in fraud and
dishonesty-type cases."
"The great advantage in court proceedings in being able to
demonstrate compliance with the standard is that it will enhance
the weight of the electronic evidence and help resist any cynical
attempts to avoid liaiblity by reference to spurious arguments
about the authenticity of the information," he said. "The issue for
practitioners and clients is more one of authenticity (and
therefore weight) than admissibility outside of the courtroom."
BS 10008 combines some of the content of the BSI guides, BIP
0008-1, BIP 0008-2 and BIP 0008-3. BIPs 0008-1,2,3 are still
current and can be used in parallel to BS 10008.
The Standard costs £100 or £50 for BSI members.
