[FINAL UPDATE]:

Ok it took a while to get any responses from the companies I e-mailed, but I have them finally. I asked 3 main services providers if they accepted a scanned image of an original bill, and a scanned image of an original bank statement as originals (my main reason for this was to remove two boxes of documents/bills/statements we have in our small but nice apartment).

I waited a while, but each has replied.
=======

SMART TELECOM (broadband Internet and voice telephony provider):

Question asked:
I was asking if a scanned copy of my bill, and bank statement, instead of the original paper copy of each would suffice if in the future paper copies, etc were needed.

Response from SMART:
Yes that would be fine for us. But I don’t know about other companies.
=======

ESB (Electricity supply company)

Question asked:
I have started to scan and archive (onto computer) my utility bills with the intention of destroying the paper copy, to cut down on storage.

I would like to know if I can scan my ESB electricity bills, are they regarded as official copies of the documents, if I have to use them for
communications between myself and ESB in the future?

Response from ESB:
Thank you for your email.

I apologise but unfortunately ESB do not offer this service as yet. I have been told that there are plans to bring in the bills to be viewed
online however I don’t think this will stop the paper copy being sent.

=======

EIRCOM (incumbent telecomms provider)
Question asked:
I have started to scan and archive (onto computer) my utility bills with
the intention of destroying the paper copy, to cut down on storage.

I would like to know if I can use my Eircom landline bill scans, are
they
regarded as official copies of the documents, if I have to use them for
communications between myself and Eircom in the future?

Response from EIRCOM
Eircom provide the online bill service in pdf format. These are regarded
as official bills.
The main requirement of your eircom paper bill is if you wish to make a
payment in the post office the attached payment slip is required.
=====

So there you have it. Both Eircom and Smart will accept scanned images as proof of documentation. It maybe seen as a futile effort, but I think its a promising sign. Maybe the ESB will bring this service online soon. Here’s hoping.

.

[UPDATE:]

I have asked a legal person for her views on this topic. She mentions that leglislation is not that progressed to allowing an unsecured image to be used as a legally binding document.

This can be taken in two different ways: a) one they are not legally binding, by law and b) they could be submissable, if they were shown to be real. (I know I know….not really easy, but the law isn’t black and white….therefore it can be greyed).

I am still waiting for replies from Eircom, ESB, and SMART Telecom (three particular Irish utility companies) for their official response on the matter.

Also, if you were to digitally fingerprint the documents, would you also have to add a fingerprint of the utility company? Hmm…If you did, would that make them binding?

BUT: If you also had a scanned copy of your bank statement, outlining your payment of the utility bill, coupled with the scanned image of the bill, coupled with the confirmation of the bank of your payment, would that not be allowed in a court? I think so.

I am still waiting for more legal opinion.

============================

Our apartment is not the biggest. Last night I went on a clearing out spree. Dumping old CDs with stuff on them, copying CDs to my network mounted 200GB USB harddisk.

We also keep all our utility bills (ESB/Eircom etc) “just in case”. I am an information hoarder. I have almost every e-mail I have ever sent (bar some webmail accounts). Mostly it is not necessary, but soometimes it has proved invaluable, and has saved me alot of trouble.

I got to thinking about a post I read on Bernie’s blog. The post was primarily about using peripherals,and not using an actual “computer”, that “Sales of mobile phones remain strong while sales of the Windows operating system have started to stagnate.”

He mentioned that “I’m using a scanner to digitise three banker’s boxes of stuff. I’m using an external hard drive to catalogue my images, videos and sound clips.”

I have been doing this with music (through iTunes), video, and my photos (through iPhoto) for the past year, and before this all manually.

I had never really gone to the extent of scanning documents and storing them digitally.

When I was looking at the amount of paper we were keeping, I thougt, hang on, why can’t I scan these also, and store them digitally?

The only downside I could see with this is that a scanned image might not stand up in court as a legally binding document, but why not?

The document would have to be recorded byt the utility company too..including:

* date of issue
* the utility company invoice number
*my account number (ok this could be already in my hands)
* all of the official batch generated numbers
* the bank giro/post office payment cheque number (which is afterall issued by the company)

All of these particular pieces of information would be recorded with the utility company, so why would it not be legally binding?

I have e-mailed the ESB and Eircom for their official answer on these matters. I will let you know what happens…


5 Responses to “Scanning official documents - would they stand up a genuine documents? - A response”  

  1. 1 Antoin O Lachtnain

    It depends on what sort of court and it depends on what sort of records.

    For a start, be practical. Who goes to court with the telco over stuff that happened more than a year previously?

    Also, consider whether paper records would necessarily stand up. If it came to it, the telco (or other company) could say that your copies were forged and ask that their own copies be relied on.

    In the case of banks, there are laws about the status of bankers’ books. The entries recorded in the bank’s ledgers are generally considered authoritative, whatever the paper records the customer may hold say. Similarly, eircom’s records have special legal authority.

    If you were going to court, you would generally need to go to the bank and ask the bank to make a copy of its ledger to be used in evidence.

    There is a concept in law called ‘best evidence’. Basically this means that the judge will expect to see original copies where possible. However, if originals have been destroyed, a copy may suffice.

    Remember too that a bill or statement can’t be ‘legally binding’. The bill in itself isn’t any sort of agreement or contract.

  2. 2 James Eglin

    The issue of the legal acceptance of scanned document has already been decided by Courts a long time ago….

  3. 3 James Eglin

    The issue of the legal acceptance of scanned documents has already been decided by Courts a long time ago….

  4. 4 bbt

    Hello James,

    Thank you for the comment. Can you tell me where? Possibly in the US but I am not sure about in Ireland, where I am based.

    maybe you have some more information?

    bernard

  5. 5 James Eglin

    Sorry, I was referring to the US. The initial cases dealt with the acceptance of documents that had been microfilmed. A few years later, the acceptance of faxed documents was established.

    Scanned images were simply a natural progression.

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