Expert Commentary for BS 10008-2:2020. Evidential weight and legal admissibility of electronically stored information (ESI) - Code of practice for implementation of BS 10008-1:2020

Expert Commentary for BS 10008-2:2020. Evidential weight and legal admissibility of electronically stored information (ESI) - Code of practice for implementation of BS 10008-1:2020

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What will you receive?

The Expert Commentary document, with detailed information on the revision of BS 10008-2 done by industry experts.

What is BS 10008-2:2020 about?

This British Standard gives detailed guidance on information management, information security management and requirements to ensure that information is trustworthy in terms of authenticity and integrity. BS 10008-2:2020 is also arranged, based on and supplements BS 10008-1:2020 and thus will mainly be used as a guide to implementing that standard.

Who is BS 10008-2:2020 for?

It’s intended for end-user organizations that either wish to ensure that ESI created by, entered into, stored and/or transmitted within their information management systems may be used with confidence as evidence in any dispute, within or outside a court of law; or that wish to ensure that electronic identity management systems may be used with confidence as evidence in any dispute, within or outside a court of law. It will also be used by integrators and developers of information management systems that provide facilities to meet user requirements.

Specific users will be:

  • Business managers
  • Records/IT managers
  • Compliance officers
  • Legal advisors in financial institutions
  • Insurance companies
  • Local government departments

Why should you use BS 10008-2:2020?

It gives recommendations 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 ESI.

BS 10008-2:2020 is for use with any information management system that manages information electronically, using any type of electronic storage medium including write-once-read-many (WORM) and rewritable technologies.

It’s also for use with any type of database or other electronic system. It also covers procedures and processes relevant to the following ESI authentication principles:

-        Electronic identity verification – proving the genuineness of the individual/organization that produced, transferred and/or stored the electronic document

-        Electronic signature – the application of the legal equivalent of a ‘pen and ink’ signature on a paper document

-        Electronic copyright – the application of a copyright mark to ESI

-        Linking the electronic identity and/or electronic signature and/or electronic copyright to the particular ESI (and preventing compromise to its integrity)

BS 10008-2:2020 applies to any system that stores and/or transmits information electronically. 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.

It also applies to electronic identity management systems and can be applied to any form of electronic identity management system, irrespective of the technology used.

NOTE 1: BS 10008-2:2020 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 best practice.

 What’s new about BS 10008-2:2020?

This is a new British Standard. However it is a consolidation of information and guidance that complements BS 10008-1:2020, and that was previously published in three parts as BIP 0008-1, BIP 0008-2 and BIP 0008-3.