Electronic Evidence Act, 2010 of the Commonwealth of Dominica

The Electronic Evidence Act, 2010 of the Commonwealth of Dominica sets forth a framework for the legal recognition and admissibility of electronic records in legal proceedings. This law, officially known as the ‘Electronic Evidence Act of 2010,’ defines several essential terms to establish a common understanding. For example, ‘data’ represents information in various forms, while an ‘electronic record’ refers to data stored in systems or devices readable by either people or computers. An ‘electronic records system’ covers all devices and procedures used to store or manage electronic data, and a ‘legal proceeding’ includes civil, criminal, or administrative cases.

In essence, the Act grants electronic records similar admissibility standards as physical records, provided that authenticity, reliability, and integrity are demonstrable. This legislation establishes a robust framework for integrating electronic records into the legal system.

One of the Act’s primary provisions states that electronic records cannot be excluded solely due to their digital nature. While the Act does not alter other admissibility standards, it provides exceptions to rules on authentication and the best evidence rule, allowing courts to consider evidence presented under this Act alongside common law or statutory rules.

To admit an electronic record, the party presenting it must prove its authenticity, meaning that the record accurately reflects what it claims to be. In terms of the best evidence rule, electronic records must demonstrate system integrity. If a printout has been reliably used as the record in question, it will satisfy the best evidence rule requirements.

The Act presumes the integrity of electronic records under certain conditions: if the system was functioning correctly, if the record was stored by a neutral party in regular business activities, or if the record was not influenced by the party introducing it. Evidence regarding recording and preservation standards or practices is also admissible, considering the type of business and the purpose of the electronic record.

Verification of a record’s authenticity and integrity, along with adherence to standards, can be presented in affidavits. These affidavits can be challenged through cross-examination, especially by opposing parties in the proceedings.

Parties involved in proceedings may agree on the admissibility of electronic records, though this agreement does not apply in criminal cases if the accused lacked legal representation at the time of the agreement. Furthermore, the Act recognises electronic signatures as fulfilling legal signature requirements, with authentication possible through security procedures.

The Act empowers the Minister, with the Chief Justice’s approval, to create regulations that give effect to these provisions. Additionally, a previous section of the Evidence Ordinance is repealed, allowing this Act to replace outdated rules with a more contemporary approach to handling electronic evidence.