sec.21Keeping electronic communications

### sec.21 Keeping electronic communications If, under a State law, a person ( keeper ) is required to keep, for a particular period, information that was the subject of an electronic communication, the requirement is taken to have been met if the keeper keeps, or causes another person to keep, in electronic form, the information for the period in the circumstances stated in subsection (2) . The circumstances are that— at the commencement of the keeping of the information, it was reasonable to expect the information would be readily accessible so as to be useable for subsequent reference; and having regard to all the relevant circumstances at the commencement of the keeping of the information, the method of keeping the information in electronic form provided a reliable way of maintaining the integrity of the information contained in the electronic communication; and during the period, the keeper also keeps, or causes the other person to keep, in electronic form, such additional information obtained by the keeper as is enough to enable the identification of the following— the origin of the electronic communication; the destination of the electronic communication; when the electronic communication was sent; when the electronic communication was received; and at the commencement of the keeping of the additional information mentioned in paragraph (c) , it was reasonable to expect the additional information would be readily accessible so as to be useable for subsequent reference; and if a regulation requires the information to be kept on a particular kind of data storage device—the requirement has been met for the period. For subsection (2) (b) , the integrity of information that was the subject of an electronic communication is maintained only if the information has remained complete and unaltered, apart from— the addition of any endorsement; or any immaterial change; arising in the normal course of communication, storage or display. (sec.21-ssec.1) If, under a State law, a person ( keeper ) is required to keep, for a particular period, information that was the subject of an electronic communication, the requirement is taken to have been met if the keeper keeps, or causes another person to keep, in electronic form, the information for the period in the circumstances stated in subsection (2) . (sec.21-ssec.2) The circumstances are that— at the commencement of the keeping of the information, it was reasonable to expect the information would be readily accessible so as to be useable for subsequent reference; and having regard to all the relevant circumstances at the commencement of the keeping of the information, the method of keeping the information in electronic form provided a reliable way of maintaining the integrity of the information contained in the electronic communication; and during the period, the keeper also keeps, or causes the other person to keep, in electronic form, such additional information obtained by the keeper as is enough to enable the identification of the following— the origin of the electronic communication; the destination of the electronic communication; when the electronic communication was sent; when the electronic communication was received; and at the commencement of the keeping of the additional information mentioned in paragraph (c) , it was reasonable to expect the additional information would be readily accessible so as to be useable for subsequent reference; and if a regulation requires the information to be kept on a particular kind of data storage device—the requirement has been met for the period. (sec.21-ssec.3) For subsection (2) (b) , the integrity of information that was the subject of an electronic communication is maintained only if the information has remained complete and unaltered, apart from— the addition of any endorsement; or any immaterial change; arising in the normal course of communication, storage or display. - (a) at the commencement of the keeping of the information, it was reasonable to expect the information would be readily accessible so as to be useable for subsequent reference; and - (b) having regard to all the relevant circumstances at the commencement of the keeping of the information, the method of keeping the information in electronic form provided a reliable way of maintaining the integrity of the information contained in the electronic communication; and - (c) during the period, the keeper also keeps, or causes the other person to keep, in electronic form, such additional information obtained by the keeper as is enough to enable the identification of the following— (i) the origin of the electronic communication; (ii) the destination of the electronic communication; (iii) when the electronic communication was sent; (iv) when the electronic communication was received; and - (i) the origin of the electronic communication; - (ii) the destination of the electronic communication; - (iii) when the electronic communication was sent; - (iv) when the electronic communication was received; and - (d) at the commencement of the keeping of the additional information mentioned in paragraph (c) , it was reasonable to expect the additional information would be readily accessible so as to be useable for subsequent reference; and - (e) if a regulation requires the information to be kept on a particular kind of data storage device—the requirement has been met for the period. - (i) the origin of the electronic communication; - (ii) the destination of the electronic communication; - (iii) when the electronic communication was sent; - (iv) when the electronic communication was received; and - (a) the addition of any endorsement; or - (b) any immaterial change;