LAWS OF BRUNEI
14
CAP. 196
Electronic Transactions
2008 Ed.
(c) such information, if any, as enables the identification of the
origin and destination of an electronic record and the date and time
when it was sent or received, is retained; and
(d) the consent of the department or ministry of the
Government, organ of State, or the statutory corporation which has
supervision over the requirement for the retention of such records has
been obtained.
(2) An obligation to retain documents, records or information in
accordance with subsection (1)(c) shall not extend to any information
necessarily and automatically generated solely for the purpose of enabling a
record to be sent or received.
(3) A person may satisfy the requirement referred to in subsection
(1) by using the services of any other person, if the conditions in subsections
(1)(a) to (d) are complied with.
(4) Nothing in this section shall —
(a) apply to any rule of law which expressly provides for the
retention of documents, records or information in the form of
electronic records;
(b) preclude any department or ministry of the Government,
organ of State or a statutory corporation from specifying additional
requirements for the retention of electronic records that are subject to
the jurisdiction of such department, ministry, organ of State or
statutory corporation.
PART III
LIABILITY OF NETWORK SERVICE PROVIDERS
Liability of network service providers.
10.
(1) A network service provider shall not be subject to any civil or
criminal liability under any rule of law in respect of third-party material in
the form of electronic records to which he merely provides access if such
liability is founded on —
(a) the making, publication, dissemination or distribution of
such materials or any statement made in such material; or