The Paperless Future Is Here! Sandy Bunch VanderPol, FAPR, RMR,
CRR, RSA Credentialed Anthony Frisolone, FAPR, RDR, CRR, RSA
Credentialed Jason Meadors, FAPR, RPR, CRR
Slide 2
The Task Force Appointed by President Nancy Varallo in 2014
Co-Chairs: Sandy VanderPol, Lotus, CA (appointed 2014) Jim
DeCrescenzo, Philadelphia, PA (appointed 2014) Members: Anthony
Frisolone, Member Allison Kimmel, Member Jim Woitalla, Member Susan
Garvin, Member Board Liaison: Tami Keenan, Immediate Past President
Staff Liaison: Irene Cahill, Director, Information Services and
Research
Slide 3
Goals & Objectives Present the report of the task force.
Explain how the task force reached its conclusions regarding best
practices in the paperless environment. Obtain feedback from the
audience. Answers questions. Integrate COPE (Code of Professional
Ethics) into this topic.
Slide 4
Is it really time to go paperless?
Slide 5
Disclaimer THIS BEST PRACTICES DOCUMENT REFLECTS THE OPINIONS
OF THE MEMBERS OF NCRAS 2014 PAPERLESS (and approved by the NCRA
BOD) FUTURE TASK FORCE AND FOLLOWS THE STATUS OF THE LAW IN MOST
JURISDICTIONS. MEMBERS ARE ENCOURAGED TO CONFORM TO THE ACCEPTED
PRACTICES SET FORTH IN THIS PUBLIC DOCUMENT TO THE EXTENT THAT SUCH
PRACTICES ARE CONSISTENT WITH THEIR OWN APPLICABLE STATE AND LOCAL
LAWS, RULES AND REGULATIONS.
Slide 6
Charge #2 Create new how-to documents and articles regarding
digital and electronic signatures, and make this information
available as a NCRA member resource.
Slide 7
Charge #2 Digital and Electronic Signatures Definition of
Digital Signature: Digital signatures take the concept of
traditional paper-based signing and turn it into a digital coded
message or fingerprint. This fingerprint is unique to both the
document and the signer. The digital signature ensures that the
signee is indeed the originator of the message. Changes made after
the document is signed are noted.
Slide 8
Charge #2 Digital and Electronic Signatures Definition of
Electronic Signature: An electronic signature is a representation
of a person in the form of a digitized image of his or her
handwritten signature. It is typically attached to an electronic
document or transaction and can be copied. Taken from Stenograph
Corporation website
Slide 9
What is a Digital Signature?
Slide 10
Recommendations for Freelance Reporters Obtain a Digital
Signature certificate. Digitally and electronically sign your final
transcript in PDF, and send it to the reporting firm. The reporters
certificate page should include the number of pages embodied within
the transcript.
Slide 11
Recommendations for Freelance Reporters Follow HIPAA procedures
when submitting a transcript that is bound by HIPAA regulations.
Always use a secure network when backing up your data (HIPAA data)
to the cloud.
Slide 12
Recommendations for Deposition Firms Print the certificate page
from the reporters electronically signed transcript. Provide a
secure method for the reporter to electronically deliver the
transcript. Notify the reporter if changes/corrections are/may be
necessary before sending to the client. Provide the reporter with a
digital copy of the deponents corrections.
Slide 13
Recommendations for Deposition Firms Provide a HIPAA-compliant
delivery mechanism to the reporter when submitting transcripts that
fall under HIPAA mandates. Always use a secure network when backing
up your data (HIPAA data) to the cloud.
Slide 14
Recommendations for Official Reporters Obtain a Digital
Signature certificate. If you are providing a paperless trial
transcript only, discuss with the lawyers whether a
digitally-signed PDF transcript file will suffice. Digitally and
electronically sign your final transcript in PDF, and send it to
the trial attorneys.
Slide 15
Are Digital Signatures Legal?
Slide 16
Digital Signature articles Go to http://ncra.org and search for
"digital signatures." Just the top three hits:http://ncra.org
http://ncra.org/News/content.cfm?ItemNumber=10075http://ncra.org/News/content.cfm?ItemNumber=10075
- NCRA Tech CoI: "Digital Signatures"
http://ncra.org/files/mcms/842d6d76-3320-46ab-942c-
0c14c541731e.pdfhttp://ncra.org/files/mcms/842d6d76-3320-46ab-942c-
0c14c541731e.pdf - "Digital Signatures in Plain English"
http://ncraa.org/News/content.cfm?ItemNumber=10897http://ncraa.org/News/content.cfm?ItemNumber=10897
- "Why You Need A Digital Signature Now" And the hits keep coming
after that.
Slide 17
COPE Advisory Opinion #19 Statement of Facts The purpose of
this opinion is to guide members regarding certification of hard
copy and electronic transcripts as well as the electronic
transmission of transcripts.
Slide 18
COPE Advisory Opinion #19 The Public and the legal community
must have absolute faith in the reporters certification that the
record is true and accurate. No act could undermine the profession
more than false certification of a record. When a reporter submits
a written record of a proceeding electronically or in any other
manner and knowingly allows someone to attach or incorporate a
generic pre-signed certificate not specifically prepared for that
record, the reporter is abdicating the responsibilities mandated by
the Code of Professional Ethics Provisions 3, 4, 5 and 9.
Slide 19
COPE Advisory Opinion #19 Finally, the Committee concludes that
in addition to the above requirements related to certifying a
transcript, every reporter must make a good faith effort to ensure
the security of the information contained in a transcript that is
electronically transmitted by the reporter.
Slide 20
Charge #3 Compile a list of the most common issues surrounding
private or sensitive information and work with NCSA to learn more
about how redaction is handled on a local level. Once the list is
compiled, create best practice solutions for these issues, develop
a plan for educating the community, and implement the plan over the
2013-14 year. The discussion should include HIPAA-II compliance and
security of the information transmitted via the cloud and
third-party vendors. The committee should also consider getting a
legal opinion from counsel regarding the impact of HIPAA-II.
Slide 21
Charge #3 HIPAA What Does it Stand For?
Slide 22
Charge #3 - HIPAA Few Federal Rules have created more changes
in the court reporting community than the Health Insurance
Portability and Accountability Act (HIPAA.) As the nation moves
from paper to electronic health records, HIPAA was enacted to
standardize certain electronic transactions related to health care.
Protecting the privacy of individuals health information is now the
responsibility of every entity that comes into contact with that
information.
Slide 23
Charge #3 - HIPAA HIPAA is a comprehensive Act that includes: A
Security Rule (45 CFR 164.3) Breach Notification Rule (45 CFR
164.4) Privacy Rule (45 CFR 164.5) Enforcement Rule (45 CFR
160.3.). The details and obligations of these Rules are extensive
and beyond the capacity of this Task Force to interpret.
Slide 24
Charge #3 - HIPAA Recognizing the complexity of the obligations
placed upon court reporters handling Protected Health Information
(PHI), NCRA engaged Patton Boggs, LLP to issue a HIPAA Overview
& Educational Material for Member Distribution (12.23.13)
memorandum. The memorandum can be found at www.ncra.org/HIPAA and
should guide the actions of court reporters.www.ncra.org/HIPAA
Slide 25
Charge #4 Create a best practices document that addresses the
storage and security of electronic court reporter documents
(transcripts and exhibits). This should also include metrics for
how to prepare for disaster recovery. This applies to freelancers,
officials, and firm owners.
Slide 26
Recommendations for Freelance Reporters Practice redundant
backup for transcript files and exhibits. Back up in four formats:
PDF with digital and electronic signatures, ASCII, PDF/A complaint,
and a zipped folder of your CAT files steno notes, transcript,
case/job dictionary, Brief-It suggestions, user settings, etc. At
least one backup option should be in the cloud backup drives can
fail.
Slide 27
Recommendations for Freelance Reporters Back up often weekly at
minimum, or have an automatic cloud backup running in the
background. Store your backup drives in a safe and secure place
with each drive in a different location. Back up your
HIPAA-sensitive transcript files using encryption software. Back up
exhibits files, if available, from the firm.
Slide 28
Recommendations for Freelance Reporters The writer and its
backups should not be the only thing the reporter relies on. Write
realtime to an external computer or use a digital record backup. If
the writer malfunctions and loses the data, an external backup is
the only way to reconstruct it. For highly sensitive depositions,
encrypting the computer may be deemed necessary.
Slide 29
Recommendations for Deposition Firms Practice redundant backup
for transcript files and exhibits. Back up in four formats: PDF
with digital and electronic signatures, ASCII, PDF/A complaint, and
a zipped folder of your CAT files steno notes, transcript, case/job
dictionary, Brief-It suggestions, user settings, etc. At least one
backup option should be in the cloud backup drives can fail.
Slide 30
Recommendations for Deposition Firms Back up often weekly at
minimum or have an automatic cloud backup running in the
background. Store your portable backup drives, if used, in a safe
and secure place with each drive in a different location. Back up
your HIPAA-sensitive transcript files using encryption
software.
Slide 31
Recommendations for Deposition Firms The writer and its backups
should not be the only thing the reporter relies on. Write realtime
to an external computer or use a digital record backup. If the
writer malfunctions and loses the data, an external backup is the
only way to reconstruct it. For highly sensitive depositions,
encrypting the computer may be deemed necessary.
Slide 32
Recommendations for Deposition Firms Confirm that your servers
meet the minimum security requirements. Provide a link or access of
each depositions digital exhibits to the reporter. Develop and
maintain a disaster recovery plan.
Slide 33
Recommendations for Deposition Firms The writer and its backups
should not be the only thing the reporter relies on. Write realtime
to an external computer or use a digital record backup. If the
writer malfunctions and loses the data, an external backup is the
only way to reconstruct it. For highly sensitive depositions,
encrypting the computer may be deemed necessary.
Slide 34
Recommendations for Official Reporters Practice redundant
backup for transcript files and exhibits. Back up in four formats:
PDF with digital and electronic signatures, ASCII, PDF/A complaint,
and a zipped folder of your CAT files steno notes, transcript,
case/job dictionary, Brief-It suggestions, user settings, etc. At
least one backup option should be in the cloud backup drives can
fail.
Slide 35
Recommendations for Official Reporters Back up often weekly at
minimum, or have an automatic cloud backup running in the
background. Store your backup drives in a safe and secure place
with each drive in a different location. Create a disaster recovery
plan, either together with the entire court reporting staff of the
court, or with the Clerk of court, and file the plan with the Clerk
of court.
Slide 36
COPE (General Guidelines) In making the official record, a
Member should: Preserve the shorthand notes in accordance with
statute or court order, or otherwise for a period of no less than
five (5) years through storage of the original paper notes or an
electronic copy of either the shorthand notes or the English
transcript of the notes on computer disks, cassettes, backup tape
systems, or optical or laser disk systems.
Slide 37
Charge #5 Paperless Writing Systems & Backups Create a best
practices document for reporters who use paperless writing systems.
These best practices will help members back up their data in a
paperless environment and avoid data loss.
Slide 38
Paperless Writing Systems & Backups Steno writing devices
should have at least two backup features (one of which can be your
computer). The writers charger should be available during the job,
should the battery get low. If not writing realtime to a computer,
confirm that the notes have been stored onto one of the writers
backup sources before turning it off.
Slide 39
Paperless Writing Systems & Backups Consult the vendors
user manual to know how to back up notes directly from writer to
USB thumb drive. Carry additional backup sources, such as SD
card(s), USB thumb drive(s), should the one in the writer (or the
writer itself) malfunction. Keep and/or transport the backup media
separate from the writer.
Slide 40
Paperless Writing Systems & Backups Confirm a cloud storage
companys policies on encryption and Consult the vendors user manual
to know how to back up notes directly from writer to USB thumb
drive. Carry additional backup sources, such as SD card(s), USB
thumb drive(s), should the one in the writer (or the writer itself)
malfunction.
Slide 41
Paperless Writing Systems & Backups Keep and/or transport
the backup media separate from the writer. Security many popular
sites, including Dropbox and GoogleDrive, can decrypt files at any
time or reserve the right to use content stored on their
sites.
Slide 42
Charge #1 Identify both the pros and cons for alternative cost
models character count, universal transcript format, and hourly.
Based on this information, recommend to the NCRA Board whether or
not the Association is the appropriate organization to explore a
new model or if it should be left to the states instead. This
charge is investigative only based on current models based on
current state statutes and the freelance field.