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.