requirement for the retention of such
records, has been obtained.
(2) An obligation to retain documents, records or
information in accordance with subsection (1)(c)
does not extend to any information necessarily and
automatically generated solely for the purpose of
enabling a record to be sent or received.
(3) A person may satisfy the requirement referred
to in subsection (1) by using the services of any
other person, if the conditions in subsection (1)(a)
to (d) are complied with.
(4) Nothing in this section
(a) applies to any rule of law which expressly
provides for the retention of documents,
records or information in the form of
electronic records;
(b) precludes any department of the Govern
ment, organ of State or a statutory corpo
ration from specifying additional require
ments for the retention of electronic records
that are subject to the jurisdiction of the
Ministry or other organ of State or statutory
body.
Retention of
information in
original form
182. (1) Where the law requires information to be
presented or retained in its original form, that
requirement is met by electronic record if
(a) there exists a reliable assurance as to the
integrity of the information from the time
when it was first generated in its final form,
as an electronic message or otherwise; and
(b) where it is required that information be
presented, that information is capable of
being displayed to the person to whom it is
to be presented.
(2) Subsection (1) applies whether the require
ment in that subsection is in the form of an
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