BS 10008-2:2020 - Evidential Weight and Legal Admissibility of Electronically Stored Information (ESI)

In today's digital age, the integrity and authenticity of electronically stored information (ESI) are paramount. The BS 10008-2:2020 standard provides a comprehensive code of practice for ensuring the evidential weight and legal admissibility of ESI. This standard is essential for organizations that rely on digital records and need to ensure their information is legally defensible.

Key Features of BS 10008-2:2020

• Standard Number: BS 10008-2:2020
• Pages: 168
• Release Date: May 29, 2020
• ISBN: 978 0 539 05292 3
• Status: Standard

Why Choose BS 10008-2:2020?

The BS 10008-2:2020 standard is designed to help organizations implement the principles outlined in BS 10008-1 effectively. It provides detailed guidance on how to manage ESI to ensure it can be used as evidence in legal proceedings. This is crucial for businesses that need to demonstrate compliance with legal and regulatory requirements.

Ensuring Evidential Weight

One of the primary objectives of BS 10008-2:2020 is to ensure that electronically stored information retains its evidential weight. This means that the information is considered reliable and trustworthy in a court of law. The standard outlines best practices for maintaining the integrity of digital records, including:

• Implementing robust data management processes
• Ensuring the authenticity and integrity of digital records
• Maintaining a clear audit trail

Legal Admissibility

Legal admissibility refers to the acceptability of ESI as evidence in legal proceedings. BS 10008-2:2020 provides a framework for ensuring that digital records meet the necessary legal standards. This includes guidance on:

• Documenting the creation and management of ESI
• Ensuring the security and confidentiality of digital records
• Providing evidence of compliance with relevant laws and regulations

Who Should Use BS 10008-2:2020?

This standard is ideal for organizations across various sectors that handle large volumes of digital information. It is particularly beneficial for:

• Legal professionals who need to ensure the admissibility of digital evidence
• IT managers responsible for data management and security
• Compliance officers tasked with ensuring regulatory compliance
• Records managers who oversee the lifecycle of digital records

Benefits of Implementing BS 10008-2:2020

By adopting the BS 10008-2:2020 standard, organizations can enjoy several benefits, including:

• Enhanced Legal Defensibility: Ensure that your digital records are admissible in court, reducing the risk of legal challenges.
• Improved Data Integrity: Maintain the authenticity and reliability of your digital information.
• Regulatory Compliance: Meet the requirements of relevant laws and regulations, avoiding potential fines and penalties.
• Increased Trust: Build confidence with stakeholders by demonstrating a commitment to best practices in data management.

Conclusion

The BS 10008-2:2020 standard is an invaluable resource for any organization that relies on electronically stored information. By following its guidelines, you can ensure that your digital records are both legally admissible and carry the necessary evidential weight. This not only protects your organization in legal proceedings but also enhances your overall data management practices.

Invest in the BS 10008-2:2020 standard today and take the first step towards securing the integrity and admissibility of your electronically stored information.

BS 10008-2:2020

This standard BS 10008-2:2020 Evidential weight and legal admissibility of electronically stored information (ESI) is classified in these ICS categories:

• 35.240.30 IT applications in information, documentation and publishing
• 03.160 Law. Administration

This British Standard 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. It describes the processes for use in the identification and development of policies and procedures as specified in BS 10008‑1, in relation to the management of electronically stored information (ESI).

This British Standard is applicable to any system that:

1. stores and/or transmits information electronically;

2. uses any type of database or other electronic system; and/or

3. manages information electronically, using any type of electronic storage medium including write‑once‑read‑many (WORM) and rewritable technologies.

This British Standard also covers procedures and processes relevant to the following ESI authentication principles:

1. electronic identity verification – proving the genuineness of the individual/organization that produced, transferred and/or stored the electronic document;

2. electronic signature – the application of the legal equivalent of a “pen and ink” signature on a paper document;

3. electronic copyright – the application of a copyright mark to ESI; and

4. linking the electronic identity and/or electronic signature and/or electronic copyright to the particular ESI (and preventing compromise to its integrity).

It 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.

This British Standard is also applicable to electronic identity management systems and can be applied to any form of electronic identity management system, irrespective of the technology used.

This British Standard is intended for:

• 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; and

• integrators and developers of information management systems that provide facilities to meet user requirements.

This British Standard does not cover processes used to evaluate the authenticity of ESI prior to it being imported into the system. However, it can be used to demonstrate that output from the information management system is a true record of what was imported.

Compliance with this British Standard does not guarantee legal admissibility. It defines good practice.