“Readable" means that the quality of a group of letters, numbers or symbols is recognized as words, complete numbers or distinct symbols.
Court records specified in SCR 72.01 and maintained as official or original information on electronic or optical storage systems shall be retained in the custody of the court for the minimum time periods specified in SCR 72.01. The system maintaining the court records shall meet all of the following requirements:
The information retained shall be in a legible and accessible format capable of accurately reproducing the original, or of sustaining readability, for the time periods specified in SCR 72.01.
Operational and technical system procedures shall protect the authenticity, confidentiality, accuracy and reliability of the information captured and provide the appropriate level of security to safeguard the integrity of the electronic or optically imaged information.
The legibility and readability of a statistically significant sampling of electronic or optically imaged records shall be verified to ensure, to a 99.5% degree of confidence, that the information or images are legible and readable. Original optical images that are not legible or readable shall be flagged and rescanned for optimum image enhancement. Illegible images shall contain the scanned notation “best possible image".
A suitable technical level of security shall be provided to protect electronic or optically imaged records that are required to be sealed, impounded or confidential and procedures shall be implemented to restrict access to only those persons authorized by statute or court order to access those records.
Suitable hardware and software shall be provided to retrieve, read and timely reproduce on paper any record retained on electronic or optical storage systems.
Procedures shall be in place and timely implemented for the backup, recovery and storage of electronically or optically stored records to protect those records against media destruction or deterioration and information loss.
For disaster recovery purposes, at least one electronically or optically stored backup copy of all automated or optically imaged records shall be maintained using accepted computer backup procedures; backup copies shall be stored in a separate location under appropriate environmental storage conditions; and a schedule to regularly update or supplement backup copies as a normal part of operations shall be implemented.
At least one set of documentation for the electronic or optical systems that produced the automated or optically imaged records shall be maintained for the retention period of those records, and documentation shall be regularly updated or supplemented when revisions are made.
Inspection of a statistically significant sampling of electronic or optically imaged records shall be conducted at least once every 3 years to verify, to a 99.5% degree of confidence, that there has been no degradation of the electronic medium or of the image quality.
A media retention and conversion review schedule shall be established to ensure that electronically or optically stored information is reviewed for data conversion or recertification at least once every 3 years or more frequently when necessary to prevent the physical loss of data or technological obsolescence of the medium.
Off-line electronic data or records stored on optical disk shall be transferred to new media or new optical disk and verified prior to the expiration of one-half of the useful life of the original media or disk as determined by the manufacturer's certified disk playback stability measured in years.
Court records electronically or optically stored, including records stored off-line and on backup media, that are expunged by court order under ss. 938.355 (4m)
, stats., shall be expunged by sealing or removing the record, obliterating the index to the record, or otherwise restricting access to the record.
Electronically or optically stored records with historical or research value beyond the retention periods specified in SCR 72.01 shall be protected from destruction or media deterioration and transferred to the State Historical Society of Wisconsin in a computer-industry-accepted standard universal format, together with technical documentation.
Records electronically or optically stored that have reached the minimum retention period specified in SCR 72.01 and that do not have historical or research value may be destroyed. For the circuit court automation program or other electronic court data systems and for write-once-read-many-times optical disk systems, records should be organized and formatted to permit the off-line disk or optical disk as a whole to be destroyed. For write-once-read-many-times disks, the destruction or sealing of the specific index reference to the obsolete record is sufficient.
A written plan shall be provided to the director of state courts for prior approval to ensure compliance with this rule before a new electronic or optical imaging system is implemented and before an existing system is enhanced. The plan shall indicate all of the following:
That a feasibility study was conducted and an analysis made of the system's cost and conversion costs compared to ongoing current costs.
That a data migration plan has been developed for the retention period of electronically or optically stored records.
If the system is an optical imaging system, that the custodian of the record has executed a statement of intent and purpose indicating all of the following:
The case type of record and years to be reproduced or transferred.
The subsection of SCR 72.01 that pertains to the type of court record being imaged.
The physical disposition of the original paper records.
If the system is a county system, the county resolution or ordinance authorizing optical imaging.
The certification of the records as received or created and transferred to optical disk format in the normal course of business.
That the statement of intent and purpose was provided to the office of the director of state courts.
SCR 72.05 History
Sup. Ct. Order Nos. 93–08 and 93–09, 176 Wis. 2d xvii (1993); Sup. Ct. Order No. 97-03
, 216 Wis. 2d xiii (1998); Sup. Ct. Order No. 12-05
, 2012 WI 112, filed 11-1-12, eff. 1-1-13.
When required by statute or court order to expunge a court record, the clerk of the court shall do all of the following:
Remove any paper index and nonfinancial court record and place them in the case file.
Electronically remove any automated nonfinancial record, except the case number.
Destroy expunged court records in accordance with the provisions of this chapter.
SCR 72.06 History
History: Sup. Ct. Order No. 97–07, 214 Wis. 2d xiii (1997).