2005 Idaho Code - 9-331A — PHOTOGRAPHIC OR DIGITAL RETENTION OF COUNTY RECORDS -- DISPOSITION OF ORIGINALS

                                   TITLE  9
                                   EVIDENCE
                                  CHAPTER 3
                               PUBLIC WRITINGS
    9-331A.  PHOTOGRAPHIC OR DIGITAL RETENTION OF COUNTY RECORDS --
DISPOSITION OF ORIGINALS. Any county officer may receive or retain records
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 county officer may receive, file or record documents in his office
in paper form. When permitted by law, a county officer may alternately
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 county officer may retain a document in a different form or medium
from 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 backup 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 county 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.
    (6)  A document retained by a county 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
county officer, shall be deemed to be a transcript or certified copy of the
original, and shall be admissible before any court or administrative hearing.