How do we handle scanned records that are under a legal hold when the imaging system they live in is being decommissioned?

When an imaging system is retired, the scanned records inside it do not lose their legal significance. A legal hold suspends normal disposition and requires that potentially relevant records be preserved, unaltered and retrievable, regardless of where they physically reside. Decommissioning a system is a migration event, not a disposal event.

Preserve before you migrate

The cardinal rule is simple: nothing under hold may be deleted, overwritten, or rendered inaccessible during the transition.

• Confirm the scope of the hold and identify every scanned record covered by it.
• Suspend any automated purge or retention rules tied to the legacy system.
• Document the chain of custody so you can later show the records were preserved intact.

A legal hold overrides routine retention schedules until counsel formally releases it. Do not rely on the system being “turned off later” as a substitute for an affirmative preservation step.

Migrate the record and its evidence of integrity

A scanned image is only trustworthy if you can show it is a complete, unaltered copy of the source. When moving records out of the old system, carry forward more than the image file:

• The images themselves, in a sustainable, open format.
• Metadata: capture date, indexing fields, audit trails, and any prior versions.
• Evidence of integrity such as checksums or hash values, so authenticity can be demonstrated.

Validate the migration. Compare counts, verify checksums before and after transfer, and spot-check that held records open correctly in the destination. Keep a written record of the validation.

Coordinate the people, then close out

Legal hold preservation is a shared responsibility. Records and IG staff should confirm requirements with legal counsel before any data leaves the old environment, and keep IT from wiping or reclaiming storage until preservation is verified.

Once the held records are confirmed intact in their new home and counsel approves, the legacy system can be decommissioned. Apply normal disposition only to records that are not under hold and have met their retention period.

For broader context on capturing and sustaining digitized records, see the digitization and imaging topic hub.

The guiding principle: preserve first, migrate with integrity, validate, and document every step.