14
Determination
of originality
of an electronic
Admissibility
and evidential
weight of
electronic
messages
Storage of
electronic
messages
Electronic Transactions
No. 33
such document that is capable of being reproduced by the
recipient.
(2) Where a corporate seal is required to be affixed to a
document, the requirement shall be satisfied if the electronic
signature of the corporate body is affixed to the electronic record
in accordance with the provisions relating to the use of the
corporate seal.
15.__(1) Where any written law requires information to be
presented or retained in its original form, the requirement shall be
satisfied by an electronic record if__
(a) there is reliable assurance of the integrity of the
electronic record; and
(b) the electronic record is capable of being displayed to the
person to whom it is to be presented.
(2) For the purposes of this section__
(a) criteria for assessing integrity of information shall be
whether it has remained complete and unaltered, save from the
addition of any endorsement and of any change which may arise
in the normal course of communication, storage and display;
and
(b) the standard of reliability required shall be assessed in the
light of the purpose for which the information was created and
in the light of all the circumstances thereof.
16.__(1) An electronic message shall be admissible as evidence
in court proceedings as provided for in this Act.
(2) In assessing the evidential weight of an electronic message,
the court shall have regard to the following__
(a) the reliability of the manner in which the electronic record
was generated, displayed, stored or communicated;
(b) the reliability of the manner in which the integrity of the
information was maintained;
(c) the manner in which the originator of the electronic
message was identified; and
(d) any other facts that the court may consider relevant.
17.__(1) Where any written law requires that a document, record
or information shall be retained, that requirement shall be satisfied
if the document, record or information is held in electronic form,
and__
(a) is accessible;