Microfilm - The Legal Viewpoint - Evidentially Correct

The text in quotes below is from the Law Society's guidance - ownership, storage and destruction of documents 2004.

"What is the evidential value of a photographically are electronically stored document where original has been destroyed?
There is a dearth of judicial authority on this topic and, until the law and practice on the subject of microfilmed or electronically stored documents are clarified, it is only possible to provide general guidelines. This Society has been advised that:
(a) a microfilm of any document in a solicitors file will be admissible evidence to the same extent, no more and no less, as the document itself, provided that there is admissible evidence of the destruction of the document and identification of the copy.
(b) written evidence of the destruction of the original and of identification of the copy will enable the microfilm to be introduced in subsequent civil proceedings (under the Civil Evidence Act 1968) and in criminal proceedings (under the Police and Criminal Evidence Act 1984)."

Because microfilm is a physical format it can be tested for compliance to include archival permanence and unquestionable date of production. Production of the product is the responsibility of the supplier thus relieving the client of ensuring digital compliance with all its costs and question marks.

Challenges to microfilm have become very rare, but in some high profile cases all evidence is heavily scrutinised.

If we can make a simple comparison between the two, a digital image created from a paper document is housed as a digital photograph within BS10008 compliance, the client would have adhered to the incredible requirements from the audit and administrative demands with no guarantee of admissibility. The microfilm does not require this detailed and costly procedure due to its format. The digital images extracted from the microfilm are supported by the product at source with legal challenges directed to the micrographics. BS5444 BS6498 ISO6199 supplies the vehicle for legal admissibility in a microfilm form. The background audit including certificate of authenticity, letter of intent with date certification allows images to be recorded on one physical roll of silver halide film that is impossible to alter or change. A further copy of the roll is also created. The client then has all the benefits of digital images without the administration challenges of BS10008 and the question mark of legal admissibility.

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