Act 8
Electronic Transactions Act
2011
(7) This section does not modify the common law or a statutory
rule relating to the admissibility of records, except the rules relating
to authentication and best evidence.
9.
Retention of information or record.
(1) Where a law requires that a document, record or information
be retained, the requirement is fulfilled by retaining the document,
record or information in electronic form if—
(a) the information contained in the electronic record remains
accessible and can be used for subsequent reference;
(b) 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 accurately represent the
information originally generated, sent or received;
(c) the information which is retained enables the identification
of the origin and destination of an electronic record and the
date and time when it was sent or received; and
(d) the consent of the department or ministry of the Government,
or the statutory corporation, which has supervision over the
requirement for retaining the record, has been obtained.
(2) The obligation to retain a document, record or information in
accordance with subsection (1) (c) shall not extend to information
generated solely for the purpose of enabling a document, record or
information to be sent or received.
(3) Subsection (1) may be fulfilled by using the services of a
person other than the person who originated the document, record or
information.
(4) Nothing in this section shall—
(a) affect a law which expressly provides for the retention of
documents, records or information in the form of electronic
records;
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