New Legislation would cover major issues such as:
1. Recognition
of electronic records ‐ evidentiary weight:
Legislation should provide that information would not be denied legal
effect, validity, admissibility or enforceability solely on the ground that it is
in the form of an electronic record, or that, if such evidence is the best
evidence, it will not be denied admissibility on the grounds that it is not in
original form. For evidentiary purposes applied criteria should focus on the
reliability of the manner in which the electronic record was generated,
stored or communicated, the reliability of the manner in which the
integrity of the information was maintained, or the manner in which the
originator was identified.
2. Writing:
Some documents are required or described as a matter of law to be "in
writing". The legislation must provide that a legal requirement for "writing",
or a description of something as being "in writing", is satisfied by an
electronic record if the record is accessible and can be retained for
subsequent reference.
3. Original form:
Many jurisdictions require individuals or companies to maintain written
records. Legislation should establish the minimum requirements for an
electronic record to be regarded as the functional equivalent of an
original. Where the law requires information to be presented or retained in
its original form, an electronic record could be defined to meet that
requirement if the integrity of the information can be reliably assured.
4. Signatures:
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A STRATEGY AND ACTION PLAN FOR GRENADA
Anurag Sinha