Are digital copies as good as the originals?

California Evidence Code

Two of the most significant sections are:

255. If data are stored in a computer or similar device, any printout or other output readable by sight, shown to reflect the data accurately, is an "original."

1552. (a) A printed representation of computer information or a computer program is presumed to be an accurate representation of the computer information or computer program that it purports to represent.

As document imaging becomes more commonplace, numerous laws have arisen regarding the legality of imaged paper and electronic files. Many government agencies now accept imaged documents as legal records, meaning that the paper originals can be stored off-site or in some cases destroyed. Following are some general guidelines shared by many jurisdictions:

• Digitized records must be stored on unalterable media, such as CD, DVD or WORM.


• The system has reasonable controls to ensure integrity, accuracy and reliability.


• The system must provide some type of audit trail to prevent and detect unauthorized creation of, addition to, alteration of or deletion of records.


• A complete and accurate transfer of records can be made.


• The system has reasonable controls to prevent and detect deterioration of records.


• There is an indexing system that assists with finding records.


• The system has the ability to print copies of records.


• The system must be able to cross-reference with other record-keeping systems and software.


• The system has documentation on how the software works and how it has been set up.

The legality of imaged documents varies depending upon the federal agency, state, county, municipality and department involved. Organizations should consult with an attorney on the specific statutes governing their industry and geographical area.