Primary vs Secondary Electronic Evidence
Definition
Primary is the original electronic record in the originating computer system; secondary is any copy, output or printout. BSA Sections 60 and 61 govern, with Section 63 supplying the certificate route for secondary.
- Primary
- Original record in the originating computer system
- Secondary
- Any copy, output or printout
- Governing provisions
- BSA 2023 Sections 60 and 61
- Certificate route
- Section 63, for secondary electronic evidence
Common questions
Why does secondary electronic evidence need a certificate when a paper copy of a document usually does not?+
Electronic copies can be produced, altered or regenerated without leaving the kind of physical trace a paper photocopy leaves, so Section 63 requires a certificate describing the source device and process to give the court assurance the copy accurately reflects the original record.
Is a screenshot of a chat message primary or secondary electronic evidence?+
A screenshot is secondary evidence, since it is an output derived from the original record held on the originating device or server; admitting it typically requires the Section 63 certificate route unless the original device itself is produced and examined.
Related terms
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