Electronic Transactions Act · 2008 Revised Edition · Part II · Electronic Records and Signatures Generally
Section 9
Official textFrom Attorney General's Chambers, unchanged
Where any rule of law requires that certain documents, records or information be retained, that requirement is satisfied by retaining them in the form of electronic records if the following conditions are satisfied —
the information contained therein remains accessible so as to be usable for subsequent reference;
the electronic record is retained in the format in which it was originally generated, sent or received, or in a format which can be demonstrated to represent accurately the information originally generated, sent or received;
Electronic Transactions 14 2008 Ed.
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
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.
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.
record
“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;
A person may satisfy the requirement referred to in subsection
by using the services of any other person, if the conditions in subsections
to (d) are complied with.
Nothing in this section shall —
apply to any rule of law which expressly provides for the retention of documents, records or information in the form of electronic records;
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.
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;
information
Defined · s 2“information” includes data, text, images, sound, codes, computer programs, software and databases;
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;
Part III
Liability of Network Service Providers
Part IV
Electronic Contracts
Part V
Secure Electronic Records and Signatures
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