Act 2
Computer Misuse Act
2011
(a) the reliability of the manner in which the data message was
generated, stored or communicated;
(b) the reliability of the manner in which the authenticity of the
data message was maintained;
(c) the manner in which the originator of the data message or
electronic record was identified; and
(d) any other relevant factor.
(5) The authenticity of the electronic records system in which an
electronic record is recorded or stored shall, in the absence of
evidence to the contrary, be presumed where—
(a) there is evidence that supports a finding that at all material
times the computer system or other similar device was
operating properly or, if it was not, the fact of its not operating
properly did not affect the integrity of the electronic record
and there are no other reasonable grounds on which to doubt
the authenticity of the electronic records system;
(b) it is established that the electronic record was recorded or
stored by a party to the proceedings who is adverse in
interest to the party seeking to introduce it; or
(c) it is established that the electronic record was recorded or
stored in the usual and ordinary course of business by a
person who is not a party to the proceedings and who did
not record or store it under the control of the party seeking
to introduce the record.
(6) For the purposes of determining whether an electronic record
is admissible under this section, evidence may be presented in respect
of any set standard, procedure, usage or practice on how electronic
records are to be recorded or stored, with regard to the type of
business or endeavours that used, recorded or stored the electronic
record and the nature and purpose of the electronic record.
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