Electronic Transactions Act · 2008 Revised Edition · Part V · Secure Electronic Records and Signatures
16. Secure electronic record
Official textFrom Attorney General's Chambers, unchanged
If a prescribed security procedure or a commercially reasonable security procedure agreed to by the parties involved has been properly applied to an electronic record to verify that the electronic record has not been altered since a specified point in time, such record shall be treated as a secure electronic record from such specified point in time to the time of verification.
security procedure
“security procedure” means a procedure for the purpose of — (a) verifying that an electronic record is that of a specific person; or Electronic Transactions 10 2008 Ed. (b) detecting error or alteration in the communication, content or storage of an electronic record since a specific point in time, which may require the use of algorithms or codes, identifying words or numbers, encryption, answerback or acknowledgement procedures, or similar security devices;
For the purposes of this section and of section 17, whether a security procedure is commercially reasonable shall be determined having regard to the purposes of the procedure and the commercial circumstances at the time the procedure was used, including —
the nature of the transaction;
the sophistication of the parties;
the volume of similar transactions engaged in by either or all parties;
the availability of alternatives offered to but rejected by any party;
the cost of alternative procedures; and
the procedures in general use for similar types of transactions.
Terms defined in s 2
electronic record
Defined · s 2“electronic record” means a record generated, communicated, received or stored by electronic, magnetic, optical or other means in an information system or for transmission from one information system to another;
record
Defined · s 2“record” means information that is inscribed, stored or otherwise fixed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form;
security procedure
Defined · s 2“security procedure” means a procedure for the purpose of — (a) verifying that an electronic record is that of a specific person; or Electronic Transactions 10 2008 Ed. (b) detecting error or alteration in the communication, content or storage of an electronic record since a specific point in time, which may require the use of algorithms or codes, identifying words or numbers, encryption, answerback or acknowledgement procedures, or similar security devices;
Part VI
Effect of Digital Signatures
Part VII
General Duties Relating to Digital Signatures
Part VIII
Duties of Certification Authorities
Part IX
Duties of Subscribers
Part XI
Government Use of Electronic Records and Signatures
Part XII