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Idaho State Laws on Optical Images

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State Archivist and Records Manager:

William E. Tydeman, State Archivist

450 North 4th St., Boise ID 83702-7695

208-334-3356 fax: 208-334-3198


Michelle Stone, Supervisor

Dept. of Administration, Bureau of Copy & Records

State Records Center

5327 Kendall, Boise ID 83706

208-327-7060 fax: 208-327-7062

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TITLE 9:

EVIDENCE

CHAPTER 3 PUBLIC WRITINGS


9-328. PHOTOGRAPHIC OR DIGITAL RETENTION OF RECORDS -- DISPOSITION OF ORIGINALS.

Any state officer may receive or retain documents filed or recorded

in his office on media other than paper, provided that the media comply with

the standards set forth in this section. The originals of paper documents may

be disposed of in accordance with the provisions of this section.

(1) A state officer may receive, file or record documents in his office

in paper form. When permitted by law or administrative rule, a state officer

may alternatively receive, file or record documents which are transmitted on

other media or by electronic means, provided that the medium or means of

transmittal does not permit undetected additions, deletions or alterations of

documents during transmittal. Such media and electronic means include, but are

not limited to, facsimile transmissions (FAX), magnetic tape or disk,

photographic film, optical disk and an electronically transmitted data stream.

(2) A state officer may retain a document in a different form or mediumfrom that in which it is received, provided that the form or medium in which

the document is retained results in a permanent record which may be accurately

reproduced during the period for which the document must be retained.

(3) If a document is received in paper form or as an image of a paper

document, e.g. film, FAX or other digitized image, it must be retained in a

form or medium which permits accurate reproduction of the document in paper

form. If the medium chosen for retention is photographic, all film used for

capture or retention of images must meet the quality standards of the American

national standards institute (ANSI). If the medium chosen for retention is

digital, the permanent medium must preclude alteration or erasure of a

document, and must permit reproduction on paper at a resolution not worse than

two hundred (200) dots per inch.

(4) If a document is received as a data stream, it must be retained in a

system which is secure against unauthorized or undetected alteration or

deletion of data, and which provides for periodic back-up of data for off-site

storage. The system must permit the document to be readily and intelligibly

reproduced on paper.

(5) If a document is received in paper form or as an image of a paper

document, and if the receiving state officer retains it in another form or

medium as permitted in subsection (3) of this section, then the original of

the document may be disposed of or returned to the sender, provided that such

disposition or return is done pursuant to statute or an administrative rule

promulgated under section 67-5751, Idaho Code.

(6) A document retained by a state officer in any form or medium

permitted under this section shall be deemed to be an original public record

for all purposes. A reproduction or copy of such a document, certified by the

state officer, shall be deemed to be a transcript or certified copy of the

original, and shall be admissible before any court or administrative hearing.


TITLE 9

EVIDENCE

CHAPTER 4 PRIVATE WRITINGS


9-417. ADMISSIBILITY OF REPRODUCED RECORDS IN EVIDENCE.

If any business, institution, or member of a profession or calling, in the regular course of

business or activity has kept or recorded any memorandum, writing, entry,

print, representation or combination thereof, of any act, transaction,

occurrence or event, and in the regular course of business has caused any or

all of the same to be recorded, copied or reproduced by any photographic,

optical imaging, photostatic, microfilm, micro-card, miniature photographic,

or other process which accurately reproduces or forms a durable medium for so

reproducing the original, the original may be destroyed in the regular course

of business unless held in a custodial or fiduciary capacity and the principal

or true owner has not authorized destruction or unless its preservation is

required by law. Such reproduction, when satisfactorily identified, is as

admissible in evidence as the original itself in any judicial or

administrative proceeding whether the original is in existence or not and an

enlargement or facsimile of such reproduction is likewise admissible in

evidence if the original reproduction is in existence and available for

inspection under direction of court. The introduction of a reproduced record,

enlargement or facsimile, does not preclude admission of the original.

 

 

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