Section 7: Electronic records

7. Electronic records (1) Where an enactment requires that records, documents or information be kept, that requirement shall be satisfied where the records, documents or information are kept in the form of an electronic record in accordance with this section. E5 – 5 [Issue 7] Electronic Transactions Act (2) An electronic record shall be kept— (a) so that the information contained therein remains accessible so as to be usable for subsequent reference; (b) in the format in which it was originally generated, sent or received, or in a format which can be demonstrated to represent accurately the information originally generated, sent or received; (c) so that such information, if any, as enables the identification of the origin and destination of the electronic record and the date and time when it was sent or received, is preserved; and (d) so that the consent of the public sector agency which has supervision over the requirement for the keeping of such records is obtained. (3) An obligation to keep records, documents or information in accordance with subsection (2) (c) shall not extend to any information necessarily and automatically generated solely for the purpose of enabling a record to be sent or received. (4) A person may satisfy the requirements referred to in subsection (2) by using the services of any other person. (5) Nothing in this section shall— (a) apply to an enactment which expressly provides for the keeping of records, documents or information in the form of an electronic record; or (b) preclude any public sector agency from specifying additional requirements for the retention of electronic records that are subject to the supervision of the public sector agency.