Rules on Electronic Evidence Flashcards
(21 cards)
What is the scope of the Rules on Electronic Evidence?
These Rules apply whenever an electronic document or electronic data message is offered or used in evidence
This includes all civil actions, quasi-judicial, and administrative cases.
Define ‘Asymmetric or public cryptosystem’.
‘Asymmetric or public cryptosystem’ means a system capable of generating a secure key pair, consisting of a private key for creating a digital signature, and a public key for verifying the digital signature.
What are ‘Business records’?
‘Business records’ include records of any business, institution, association, profession, occupation, and calling of every kind, whether or not conducted for profit.
What is a ‘Certificate’ in the context of electronic documents?
‘Certificate’ means an electronic document issued to support a digital signature which purports to confirm the identity or other significant characteristics of the person who holds a particular key pair.
What does ‘Digital signature’ refer to?
‘Digital signature’ refers to an electronic signature consisting of a transformation of an electronic document or an electronic data message using an asymmetric or public cryptosystem.
Fill in the blank: An electronic document is admissible in evidence if it complies with the rules on _______ prescribed by the Rules of Court.
admissibility
What is an ‘Electronic key’?
‘Electronic key’ refers to a secret code which secures and defends sensitive information that crosses over public channels into a form decipherable only with a matching electronic key.
What constitutes ‘Electronic data message’?
‘Electronic data message’ refers to information generated, sent, received or stored by electronic, optical or similar means.
True or False: An electronic document loses its privileged communication status solely because it is in electronic form.
False
What factors are considered in assessing the evidentiary weight of an electronic document?
- The reliability of the manner or method in which it was generated, stored or communicated
- The reliability of the manner in which its originator was identified
- The integrity of the information and communication system in which it is recorded or stored
- The familiarity of the witness with the communication system
- The nature and quality of the information used
- Other factors affecting accuracy or integrity
What does Rule 8 of the Rules on Electronic Evidence state about business records?
A memorandum, report, record or data compilation made by electronic means at or near the time of the event is excepted from the hearsay rule.
Fill in the blank: An electronic signature is admissible as the functional equivalent of a _______ on a written document.
signature
What is required for authentication of an electronic document?
Its authenticity must be proved by:
* Evidence of digital signature
* Other security procedures authorized by law
* Evidence showing integrity and reliability
What is the effect of a digitally signed document?
A digitally signed document is considered an electronic document bearing a digital signature verified by the public key listed in a certificate.
What is the definition of ‘ephemeral electronic communication’?
‘Ephemeral electronic communication’ refers to telephone conversations, text messages, chatroom sessions, and other electronic forms of communication not recorded or retained.
How can the presumption of trustworthiness of business records be overcome?
By evidence of the untrustworthiness of the source of information or the method of preparation, transmission, or storage.
What must be included in the transcript of electronic testimony?
The transcript should reflect the fact that the proceedings had been electronically recorded.
What does ‘Key pair’ refer to in an asymmetric cryptosystem?
‘Key pair’ refers to the private key and its mathematically related public key.
True or False: A document electronically notarized is considered a public document.
True
What is meant by the term ‘Best Evidence Rule’ in the context of electronic documents?
An electronic document is regarded as the equivalent of an original document if it accurately reflects the data.
What is the burden of proof for authenticity of electronic documents?
The person seeking to introduce an electronic document in legal proceedings has the burden of proving its authenticity.
