Electronic Transactions Act · 2008 Revised Edition · Part V · Secure Electronic Records and Signatures
18. Presumptions relating to secure electronic records and signatures
Official textFrom Attorney General's Chambers, unchanged
In any proceedings involving a secure electronic record, it shall be presumed, unless evidence to the contrary is adduced, that the secure electronic record has not been altered since the specific point in time to which the secure status relates.
electronic record
“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;
In any proceedings involving a secure electronic signature, it shall be presumed, unless evidence to the contrary is adduced, that —
electronic signature
“electronic signature” means any letters, characters, numbers or other symbols in digital form attached to or logically associated with an electronic record, and executed or adopted with the intention of authenticating or approving the electronic record;
the secure electronic signature is the signature of the person with whom it correlates; and
the secure electronic signature was affixed by that person with the intention of signing or approving the electronic record.
In the absence of a secure electronic record or a secure electronic signature, nothing in this Part shall create any presumption relating to the authenticity and integrity of the electronic record or an electronic signature.
For the purposes of this section —
“secure electronic record” means an electronic record treated as a secure electronic record by virtue of sections 16 or 19;
“secure electronic signature” means an electronic signature treated as a secure electronic signature by virtue of sections 17 or 20.
Electronic Transactions 22 2008 Ed.
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;
electronic signature
Defined · s 2“electronic signature” means any letters, characters, numbers or other symbols in digital form attached to or logically associated with an electronic record, and executed or adopted with the intention of authenticating or approving the electronic record;
signature
Defined · s 2“signed” or “signature” includes any symbol executed or adopted, or any methodology or procedure employed or adopted, by a person with the intention of authenticating a record, including electronic or digital methods;
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