Presentation or retention of information in its original form
Version Date:
07/04/2000
(1) Where a rule of law requires that certain information be presented or retained in its original form, the requirement is satisfied by presenting or retaining the information in the form of electronic records if-
(a) there exists a reliable assurance as to the integrity of the information from the time when it was first generated in its final form; and
(b) where it is required that information be presented, the information is capable of being displayed in a legible form to the person to whom it is to be presented.
(2) For the purposes of subsection (1)(a)-
(a) the criterion for assessing the integrity of the information is whether the information has remained complete and unaltered, apart from the addition of any endorsement or any change which arises in the normal course of communication, storage or display; and
(b) the standard for reliability of the assurance is to be assessed having regard to the purpose for which the information was generated and all the other relevant circumstances.
(3) This section applies whether the requirement in subsection (1) is in the form of an obligation or whether the rule of law merely provides consequences for the information not being presented or retained in its original form.