WARP – Electronic Signatures

Introduction

An electronic signature is something associated with an electronic document that performs similar functions to a manual signature. It can be used to confirm that the communication comes from whom it purports to come from. Another important use is establishing that the communication has not been tampered with.

The Electronic Communications Act 2000 (ECA) defines an electronic signature as:

‘so much anything in electronic form as

a. is incorporated into or otherwise logically associated with any electronic communication or electronic data; and

b. purports to be so incorporated or associated for the purpose of being used in establishing the authenticity of the communication or data, or both.’

WARP Electronic Security

The medical expert uses WARP software as a tool to help construct a high quality medicolegal report. The completed report is electronically signed and dated by the expert. Multiple tiers of security and 128 bit encryption guarantee that the report could only have been authored by that expert on that date, and that only the expert can alter the report.

Admissibility in Court

Electronic signatures are now commonly accepted in court, because nowadays business, health and legal documents are often signed electronically. An electronic signature is legally equivalent to a handwritten ink signature:

An electronic signature, or the certification by any person of such a signature, is admissible in evidence in relation to any question as to the authenticity or integrity of a particular electronic communication or particular electronic data (section 7(1), ECA). It is for the courts to decide in each case whether an electronic signature has been correctly used and what weight should be attributed to it (based, for example, on the authentication or integrity of a message) (Section 8, Civil Evidence Act 1995).

The history of decisions made by judges in England and Wales demonstrates that the function a signature performs is more important than the form it takes.

Relevant Law

The Electronic Signatures Directive (1993/93/EC) established the European regime for using electronic signatures, and was implemented in the United Kingdom by the Electronic Communications Act 2000 and the Electronic Signatures Regulations 2002:

Directive 1993/93/EC (Electronic Signatures Directive)

Electronic Communications Act 2000

Electronic Signatures Regulations 2002 (UK Statutory Instrument)