IBA Compliance Connection

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We have two approaches to keeping records of the times when customers access their safety deposit boxes. Some of our branches have an electric time stamp. At the branches that lack electronic time stamps, our employees handwrite the date and time when customers access their boxes. Both methods are documented in our written procedures as acceptable. If we present evidence of safety deposit box access in a court proceeding, would there be any concerns about the validity of our handwritten records as opposed to the time-stamped records?

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No, we would not anticipate any issues concerning the validity of handwritten records of safe deposit box access solely because such records are handwritten.

We are not aware of any law or regulation stating that handwritten records should be viewed any more or less favorably than electronically generated records. For example, the Illinois Rules of Evidence establish requirements for records to be “self-authenticating” (meaning that extrinsic evidence is not required to authenticate or identify them), and these rules impose the same requirements to electronically-produced records as to other records.

For resources related to our guidance, please see:

  • Illinois Rules of Evidence, Rule 901 – Requirement of Authentication or Identification (“(a) General Provision. The requirement of authentication or identification as a condition precedent to admissibility is satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims.”)
  • Illinois Rules of Evidence, Rule 902 – Self-Authentication (“Extrinsic evidence of authenticity as a condition precedent to admissibility is not required with respect to the following: . . . (11) Certified Records of Regularly Conducted Activity. The original or a duplicate of a record of regularly conducted activity that would be admissible under Rule 803(6) if accompanied by a written certification of its custodian or other qualified person that the record

(A) was made at or near the time of the occurrence of the matters set forth by, or from information transmitted by, a person with knowledge of these matters;

(B) was kept in the course of the regularly conducted activity; and

(C) was made by the regularly conducted activity as a regular practice. . .”)

  • Illinois Rules of Evidence, Rule 902 – Self-Authentication (“Extrinsic evidence of authenticity as a condition precedent to admissibility is not required with respect to the following: . . . (12) Certified Records Generated by an Electronic Process or System. A record generated by an electronic process or system that produces an accurate result, as shown by a certification of a qualified person that complies with the procedural requirements for Rule 902(11) certification. The proponent must also meet the notice requirements of Rule 902(11).”)