Act 2
(a)
Computer Misuse Act
2011
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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