Metadata In Arizona Public Records Can't Be Withheld
jasonbuechler writes in with news of the first state to declare that metadata is part of public records and must be released when the records are. "Hidden data embedded in electronic public records must be disclosed under Arizona's public records law, the state Supreme Court said Thursday... The Supreme Court's unanimous decision, which overturned lower court rulings, is believed to be the first by a state supreme court on whether a public records law applies to so-called metadata. 'This is at the cutting edge — it's the law trying to catch up with technology,' [one lawyer said]. The Arizona ruling came in a case involving a demoted Phoenix police officer's request for data embedded in notes written by a supervisor. The officer got a printed copy but said he wanted the metadata to see whether the supervisor backdated the notes to before the demotion."
of an ordinary "Audit Trail". Now, you don't have to rely on manual log-entries and sign-out sheets.
"Speaking the Truth in times of universal deceit is a revolutionary act." -- George Orwell
Probably deserves a promotion.
The CB App. What's your 20?
From the desk of the Chief of Police:
Effective immediately all precinct officers should destroy all electronic devices with central processing units. All document production will be performed using manual typewriters.
~dijjnn
Quoth the lawyer:
'This is at the cutting edge — it's the law trying to catch up with technology'
So it's not really the cutting edge then, is it? It's the law only now trying to cope with decades-old technology.
"Our two-party system is like a bowl of shit looking at itself in a mirror." - Lewis Black
Bah! Totally posted to the wrong thread. fail. =(
Sooner or later you'll see departments classify "temporary working notes" as mandatory-shred items, and require all "permanent records" to go through some process that strips them of non-visible information.
One relatively cheap way to do this is to print all documents to a digitally signed PDF or a graphics format. The digital signature is a bonus that authenticates the document.
Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
Data are neither singular nor plural, they just are. That's like thinking your automobile is singular or plural. It's neither, it just is.
'Data', the word, IS plural, but as a single word requires singular references. Thus '"data" is plural' is correct. OTH, "'data' is plural and 'datum' is singular" ARE correct.
Isn't english fun?
So I want to know if they really were back dated. And if so, I hope his supervisor gets fired and that they re-hire this officer. And give him a medal.
are you sure you know what thread you're posting in?
There's an app for that.
It's not English that's fun, it's English borrowing foreign words that English speakers don't understand the rules for declension for that are fun. "Datus/Data/Datum" is the perfect passive participle of the Latin verb "dare", which means "to give". It's basically an adjective used as a substantive (i.e., a non-noun being used as a noun thanks to the power of implication) in this case.
As used in English, "Datum" (the neuter nominative singular) would most literally mean "(implied, but unspecified thing) having been given". "Data" would be the neuter nominative plural meaning "(implied, but unspecified things) having been given". So unless someone is transmitting only one unspecified thing, "data" is most appropriate in its level of mass noun vagueness.
The federal rules for civil procedure (FRCP) were updated in 2006 to address issues like this. Part of the FRCP is what guides production formats during civil suits. A lot of state courts are now using the FRCP as a guide for developing their own standards with regards to management of electronic data for legal purposes. This is the rule, pretty clear. http://www.law.cornell.edu/rules/frcp/Rule34.htm
Previously if you have 10,000 emails you could just print them out to loose piles of paper and turn over boxes (sometimes 100s of boxes) of paper to opposing counsel. After 2006 there is a default that the other side of a lawsuit is entitled to the documents in the same format they are kept in the course of business. This includes meta data and it is specifically mentioned in the FRCP. Most lawyers will make agreements during their discovery conferences (aka 30b6) to agree to production formats that both sides won't find unduly burdensome.
What, you don't know how to set the clock on your computer back to June 1st, then fire up Word and type up the document? That amount of effort certainly doesn't take a techie or a fancy bit editor. It only takes a few drops of imagination. It's certainly within the skillset of your average cop.
The only requirement is that you set the clock back before creating the new doc. It won't work to set the clock back and try to edit it after the doc has been created. But in that case you'd just have to create another new doc and retype in the old text. It's no big deal, but when people are stressed out enough that they're forging "evidence" they're also likely in a rush, and may make a careless mistake.
John