29-255 C.M.R. ch. 3, § 6 - AUTHENTICITY

A. These guidelines, when accompanied by adherence to industry best practices, are designed to ensure any digital images remain authentic and reliable throughout their required retention periods.

B. Authentication is necessary for legal, fiscal or administrative purposes to ensure that imaged records are acceptable as evidence. To introduce imaged records into evidence in a court or to use them in other legal or adjudicatory situations, a state agency must demonstrate that the processes and system used to produce imaged records are designed and managed to ensure the accuracy and authenticity of the records.

C. The authenticity and viability of the images are determined by sound systems and processes that include, but are not limited to, well documented procedures, proper indexes and finding aids, quality assurance controls, reliable storage and backup practices, and tested and audited processes that ensure imaged records have not been altered, destroyed, or replaced. Systems that produce records must be shown to do so in the normal course of business and in an accurate and timely manner. Policies, procedures, training and support programs, and controls must be documented to demonstrate that the systems that produce records are reliable.

D. Legal acceptance of records requires proof that the process or system is reliable and hence capable of producing trustworthy records. State agencies must be able to demonstrate that imaged records have been produced in the normal course of business, that the system producing and managing the records (the technology, as well as the policies, procedures, training, and audit controls) is trustworthy and functioning properly, and that system documentation is maintained. System documentation must be up to date and show how the system creates, manages, and destroys records; define the roles and responsibilities of the individuals managing the system; demonstrate how the system provides for consistent quality control; document staff training, system and audit controls; and provide for adequate security.

E. The trustworthiness of imaged records depends on how closely documented procedures are followed. Since courts may scrutinize deviations from established procedures, state agencies must ensure that procedures are followed and deviations are detected and remedied.

Notes

29-255 C.M.R. ch. 3, § 6