DOJ Green Lights Electronic Records Concept

A Department of Justice OLC opinion that approves the general concept of electronic records may provide a boost to efforts to convert ethics filing to electronic processes. DOJ's summary of the opinion follows:

Federal official personnel and civil service retirement records that have been converted from paper to electronic format should be admissible in evidence in federal court under the Business Records Act, 28 U.S.C. § 1732, and should also qualify as "public records" admissible under Rule 1005 of the Federal Rules of Evidence.

Electronic versions of particular personnel records which, pursuant to statute or regulation, must be notarized, certified, signed, or witnessed, may be authenticated under Rules 901 and 902 of the Federal Rules of Evidence. Converting such documents to electronic format should not affect their admissibility under hearsay rules.

While this opinion does not alleviate all concerns about legal issues in electronic filing, it should relieve some fears about moving forward.