Act 8
Electronic Transactions Act
2011
(b) that information is capable of being displayed or produced to
the person to whom it is to be presented.
(2) For the purposes of subsection 1(a), the authenticity of a data
message shall be assessed—
(a) by considering whether the information has remained
complete and unaltered, except for the addition of an
endorsement and any change which arises in the normal
course of communication, storage or display;
(b) in light of the purpose for which the information was
generated; and
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(c) having regard to all other relevant circumstances.
Admissibility and evidential weight of a data message or an
electronic record
(1) In legal proceedings, the rules of evidence shall not be
applied so as to deny the admissibility of a data message or an
electronic record—
(a) merely on the ground that it is constituted by a data
message or an electronic record;
(b) if it is the best evidence that the person adducing the
evidence could reasonably be expected to obtain; or
(c) merely on the ground that it is not in its original form.
(2) A person seeking to introduce a data message or an
electronic record in legal proceeding has the burden of proving its
authenticity by evidence capable of supporting a finding that the
electronic record is what the person claims it to be.
(3) Subject to subsection (2), where the best evidence rule is
applicable in respect of an electronic record, the rule is fulfilled upon
proof of the authenticity of the electronic records system in or by
which the data was recorded or stored.
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