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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 25 May 2018 - onwards
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152. Presumptions

(1) The presumptions specified in this section shall apply in any proceedings under the Data Protection Regulation or this Act.

(2) Where a document purports to have been created by a person it shall be presumed, unless the contrary is shown, that the document was created by that person and that any statement or record contained in it, unless the document expressly attributes its making to some other person, was made by that person.

(3) Where a document purports to have been created by a person and addressed and sent to a second person, it shall be presumed, unless the contrary is shown, that the document or record was created and sent by the first person and received by the second person, and that any statement or record contained in it -

(a) unless the document or record expressly attributes its making to some other person, was made by the first person, and

(b) came to the notice of the second person.

(4) Where a document or record is retrieved from an electronic storage and retrieva

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