At the request of the Public Technology Institute, the trade organization for city and county chief information officers across the United States, RPost prepared a guide to navigating the complexities of managing electronically stored information. Frank Maguire, RPost’s vice president of business planning & development prepared this guide which was recently published as a chapter in the Public Technology Institute’s CIO Textbook.
If you or your employees transact important business transactions electronically, use electronic signatures, send email where email proof is required or desired, we recommend you read on as inaction could be costly.
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The chapter in the textbook, entitled, “Proper Management of Electronically Stored Information (ESI) Requires Collaboration of Technical and Legal Expertise”, attempts to explain that while electronic transactions can create new opportunities and reduce operating costs, without proper protections, the real costs of transitioning from paper to electronic can become a major concern – the cost of litigation involving electronic records. This is often overlooked until costly litigation arises. Without proper accountability all efficiency and cost savings can be lost.
The textbook chapter starts with some history in an attempt to explain why a 2000 federal e-commerce statute has been so long in becoming fully appreciated. It touches upon burden of proof in dealing with digital information moving onto Federal Rules of Civil Procedure relating to e-discovery concerns. Some key court decisions are referenced relating to ESI and e-commerce in an attempt to show CIO’s that the proper management of ESI is a daunting task and requires a collaborative effort requiring both technical and legal expertise.
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