Robert
It would be interesting - and appropriate - to ask legal services what
authority they are relying on when they opine that the PDF is not a
"sufficient" record. If it is the only record you hold, then the
principle of "best evidence" presumably would apply. For the PDF record
to be "insufficient" I imagine it would be necessary for someone (an
opponent of the Council in a litigation) to argue that the newspaper
publisher's systems are so poor that the publisher sent the PDF to you
but did not actually publish it. If they agree that is unlikely, then
they should agree that requiring a paper copy would be disproportionate.
Marc Fresko
-----Original Message-----
From: The UK Records Management mailing list
[mailto:[log in to unmask]] On Behalf Of Robert
Hogarth
Sent: 24 June 2008 15:34
To: [log in to unmask]
Subject: Newspaper announcements re Road notices
Hi -
I have been asked the following and would appreciate comments off list.-
"Every time a change is proposed to a road a notice has to be placed in
a newspaper.
For record keeping a copy of the actual notice from the newspaper has to
be kept.
Now the newspapers send an electronic copy of all the Council's notices
in a PDF document. Apparently our legal services are saying that this is
not a sufficient record."
I don't know the source of the 'actual notice from the newspaper..'
statement. My view is that the PDF is perfectly fine.
Regards -
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