Electronic
Communications
and Transactions
[ N o . 21 of 2009
241
(a) by considering whether the information has remained
complete and unaltered, except for the addition of any
endorsement and any change which arises in the normal
course of communication, storage and display;
(b) in the light of the purpose for which the information w a s
generated; and
(c) having regard to all other relevant circumstances.
8.
(1)
In any legal proceedings, the rules of evidence shal 1
not be applied so as to deny the admissibility of a data message in
evidence—
(a) on the mere grounds that it is constituted by a data message;
or
Admissibility
and
evidential
weight of
data
messages
(b) if it is the best evidence that the person adducing it could
reasonably be expected to obtain, on the grounds that it
is not in its original form.
(2) Information in the form o f a data message shall be given
due evidential weight.
(3) In assessing the evidential weight of a data message, regard
shall be had t o —
(a) t h e reliability o f the manner in which the data message
was generated, stored or communicated;
(b) the reliability of the manner in which the integrity of the
data message w a s maintained;
(c) the m a n n e r in which its originator was identified; and
(d) any other relevant factor.
(4) A data message made by a person in the ordinary course
of business, or a copy or printout of, or an extract from, the data
message certified to be correct by an officer in the service of such
p e r s o n , shall on its m e r e p r o d u c t i o n in a n y c i v i l , c r i m i n a l ,
administrative or disciplinary proceedings under any law, the rules
of a self-regulatory organisation or any other law, be admissible in
e v i d e n c e against any person and rebuttable p r o o f of the facts
contained in such record, copy, printout or extract.
9. (1) W h e r e a law requires information to be retained, that
requirement shall be met by retaining the information in the form of
a data message if—
Retention of
information
in data
message