CHAPTER 11:06
ELECTRONIC RECORDS (EVIDENCE)

ARRANGEMENT OF SECTIONS

    SECTION

    1.    Short title

    2.    Interpretation

    3.    Application

    4.    Derogation from rule of law on authentication and best evidence

    5.    Admission and authentication of electronic records

    6.    Evidence of electronic records

    7.    Application of best evidence rule to electronic records

    8.    Admissibility of electronic signature

    9.    Presumption of integrity

    10.    Standards, etc. may be considered

    11.    Proof by affidavit

    12.    Powers of court to call for further evidence

    13.    Assessing evidential weight of electronic record

    14.    Proof of matters

    15.    Offences and penalties

    16.    Regulations

Act 13, 2014,
S.I. 45, 2016.

An Act to provide for the admissibility of electronic records as evidence in legal proceedings and authentication of electronic records; to provide for the admissibility in evidence of electronic records as original records and for matters incidental and connected thereto.

[Date of Commencement: 1st May, 2016]

1.    Short title

    This Act may be cited as the Electronic Records (Evidence) Act.

2.    Interpretation

    In this Act, unless the context otherwise requires—

    "Communications Regulatory Authority" means the Communications Regulatory Authority established under section 3 of the Communications Regulatory Authority Act (Cap. 72:03);

    "computer system" means an electronic, magnetic or optical device, or a group of interconnected or related devices, including the internet, one or more of which pursuant to a computer programme, performs automatic processing of data or any other function;

    "court" includes a tribunal, board and commission;

    "data" means—

    (a)    any representation of facts, information or concepts in a form suitable for processing in a computer system;

    (b)    an information recorded in a form in which it can be processed by equipment operating automatically in response to instructions given for that purpose; or

    (c)    a programme suitable to cause a computer system to function;

    "electronic record" means data that is recorded or stored on any medium in or by a computer system or other similar device and that can be read or perceived by a person or a computer system or other similar device, and includes a display, printout or other output of that data;

    "electronic records system" includes a computer system or other similar device by or in which data is recorded or stored and any procedures related to the recording or storage of electronic records;

    "electronic signature" means data in electronic form attached to or logically subjoined to an electronic communication, and which can be used to identify the signatory (method of authentication) and indicate consent for the information contained in the said communication;

    "evidence" includes all electronic records produced for the inspection of a court; and

    "legal proceeding" includes administrative proceedings.

3.    Application

    This Act shall apply to any legal proceedings in or before any court and to affidavits presented to any court or officer of any court.