Thursday, December 10, 2009

Consultation Paper on Electronic Evidence to be published today

The Law Reform Commission will be publishing a Consultation Paper on Documentary and Electronic Evidence today. The Irish Times has a summary of the contents:
The LRC states that in general there be no difference between the rules concerning manual or computer-generated documents and records; all business records, whether manual or computer-generated, should in general be presumed to be admissible and that the Bankers’ Books Evidence Act 1879, which allows banking records to be admitted as evidence in court, should be updated and extended to apply to records from all financial institutions.

For mechanically generated recordings, such as videos or CCTV, it should be clarified that any defects in their quality should not rule them inadmissible but should be simply a question of the weight given to the recording.

It also recommends that an expert group be established to develop standards and guidelines for the verification of electronic and digital signatures, and that the existing law which presumes that “public documents” are admissible should be updated, because much of the relevant legislation predates the foundation of the State.

1 comment:

  1. There is only 346 pages to leaf through if you are interested!

    It is a pity there was no technology, industry or banking representative on the research group. Certainly, the economic benefits of having a proper national digital signature strategy were not recognised. Furthermore, recent developments at EU level appear not to have been noticed by the LRC.