[Code of Federal Regulations]

[Title 36, Volume 3]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 36CFR1234.26]



[Page 916]

 

              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY

 

        CHAPTER XII--NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

 

PART 1234_ELECTRONIC RECORDS MANAGEMENT--Table of Contents

 

Subpart C_Standards for the Creation, Use, Preservation, and Disposition 

                          of Electronic Records

 

Sec.  1234.26  Judicial use of electronic records.



    Electronic records may be admitted in evidence to Federal courts for 

use in court proceedings (Federal Rules of Evidence 803(8)) if 

trustworthiness is established by thoroughly documenting the 

recordkeeping system's operation and the controls imposed upon it. 

Agencies should implement the following procedures to enhance the legal 

admissibility of electronic records.

    (a) Document that similar kinds of records generated and stored 

electronically are created by the same processes each time and have a 

standardized retrieval approach.

    (b) Substantiate that security procedures prevent unauthorized 

addition, modification or deletion of a record and ensure system 

protection against such problems as power interruptions.

    (c) Identify the electronic media on which records are stored 

throughout their life cycle, the maximum time span that records remain 

on each storage medium, and the NARA-approved disposition of all 

records.

    (d) Coordinate all of the above with legal counsel and senior IRM 

and records management staff.



[55 FR 19218, May 8, 1990. Redesignated at 60 FR 44641, Aug. 28, 1995]



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