Idaho State Laws on Optical Images
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
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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