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A Historical Perspective of Computer Technology and The Law One of the criticisms frequently levelled at the legal system of the United Kingdom, and other countries, is its inability to evolve and adapt quickly enough to meet the needs of a rapidly changing technological and consequentially social-economic environment. When legislative changes are rushed through quickly, they are frequently criticised as being reactive, ill though out and inappropriate. Nowhere is the rate of change more rapid, radical and unpredictable than in the use of information technology and information systems, both in the workplace and as part of everyday life. Today the whole social fabric is influenced to an ever-increasing degree by the deployment, implementation and widespread and increasingly rapid social acceptance of new technological innovation. It governs the way we work, the way we play and most importantly, in this context, the way in which we choose to communicate with each other. The use of email in the workplace has, across the whole social and business spectrum largely replaced traditional methods of written communication. Use of mobile telephones, or increasingly multi-purpose devices that contain mobile telephone functionality, not only allow oral communication but text messaging, web access and the recording of photographs. These have further eroded traditional paper based communication, and it is a trend that is likely to become more prevalent, rather than diminish. The inevitable, and demonstrable consequence of this, is that the vast majority of information is now created, stored and disseminated only in electronic form. It is estimated that nearly 95% of the information we have and use is now stored and primarily worked upon in electronic form. Odd then (given that the vast majority of corporate information is in, and has only ever been in, a digital format) that the process of legal disclosure is still based in the paper era. Indeed it appears that a fundamental change of mindset is required before the legal professions can fully embrace and take advantage of the benefits that the age of digital information storage can offer. |
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