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The custodian of records speaks for the organization and may therefore establish the authenticity of the organizations documents. The custodian may provide information about the documents creation and maintenance to allow for their admission into evidence.
Custodians such as individual practitioners, hospitals and pharmacies are persons or organizations who possess legal custody or control of personal health information in conjunction with their powers or duties. They make decisions regarding access to records by third parties, including patients.
The document custodian certifies the complete and accurate representation of the documents within its control. Under the terms of the Master Custodial Agreement, documents may be released to the Issuer from time to time in connection with servicing. Only the Issuer may request the release of documents.
The confirmation process will consist of a completed Custodian of Records Application for Confirmation form (BCIA 8374), which will be available on the Attorney Generals website, the electronic submission of fingerprint images, the Custodian of Records Duties form, which is enclosed within the Authorization Request
The agency Custodian of Records will be responsible for the security, storage, dissemination and destruction of the criminal records furnished to the agency and will serve as the primary contact for the DOJ.

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Organizations typically do not have an employee with the specific title of custodian of records. Instead, the organizations custodian is the individual whom the organization produces in litigation to testify about its documents (often in response to a subpoena or deposition notice).

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