Electronic Communications and Transactions
[No. 4 of 2021 143
(3) In any legal proceedings, when assessing the evidential
weight of a data message, regard shall be had to—
(a) the reliability of the manner in which the data message
was generated, stored or communicated;
(b) the reliability of the manner in which the integrity of the
data message was maintained;
(c) the manner in which its originator was identified; and
(d) any other relevant factor.
(4) A data message made by a person in the ordinary course of
business, or a copy or printout of, or an extract from, the data
message certified to be correct by an officer in the service of that
person, shall on its mere production in any civil, criminal,
administrative or disciplinary proceedings under a written law, be
admissible in evidence against a person and rebuttable proof of the
facts contained in a record, copy, printout or extract.
10. (1) Where a law requires information to be retained, that
requirement is met by retaining the information in the form of a
data message if—
Retention of
information in
data message
(a) the information contained in the data message is accessible
and usable for subsequent reference;
(b) the data message is in the form or format in which it was
generated, sent or received, or in a format which can be
demonstrated to represent accurately the information
generated, sent or received; and
(c) the origin and destination of that data message, and the
date and time it was sent or received, may be determined.
(2) The obligation to retain information under subsection (1)
does not extend to any information whose sole purpose is to enable
the message to be sent or received.
11. (1) Subject to section 24, where a law requires a person
to produce a document or information, that requirement is met if
the person produces, by means of a data message, an electronic
form of that document or information and if—
(a) considering all the relevant circumstances at the time that
the data message was sent, the method of generating the
electronic form of that document provided a reliable
means of assuring the maintenance of the integrity of
the information contained in that document; and
Production of
document or
information
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