BSc in Management Information Systems (Special) Degree - 2019

Professional Issues in Information Technology

Assignment 1 – Individual
Deadline 3th november 2019

Type: Individual Assignment.

Format: A4 size page, Font: Times New Roman, Size: 12 points, Line Spacing: 1.5 lines,
Margins: 1”
Submission: This assignment is due exactly one week after the date of your final
examination. Printed versions must be submitted. Submissions after the deadline would
NOT be accepted under any circumstances. Softcopies can be submitted via email.

Adhering to above instructions also attract marks.

Question 1: (25 Marks)

Refer to the Case No. HC/Civil/201/2008/MR, the ruling of High Court of Western Province,
People's Leasing Company Limited (plaintiff) vs. Muthuthantrige Iran Fernando et al.
Carefully study the entire case and answer following in essay format.
i) A background summary of the case provided.
ii) What are the ICT related laws referred in this case?
iii) What is the relevance of such laws in the case referred?
iv) What was the main argument forwarded by the plaintiff?
v) What was the defendant’s objections against the arguments?
vi) What was the conclusion to this case?
vii) On what basis the final conclusion was made.

Limitation: 2500 – 3000 words.

The plaintiff instituted this action against 1st to 4th defendants (i) for the recovery of a sum
of Rs. 3,517,673.80 together with interest on Rs. 2,546,380.48 at 38% per annum from
01.11.2007 until date of decree and thereafter with legal interest on the aggregate amount of
the degree till payment in full; (ii) for the return and delivery in good order and condition of
'THE PROPERTY" which is 01 Quantity Year 2000 Mitsubishi Canter bearing Engine No.
4D33H68918 and Chassis No. FE51CB563674 described in the schedule in the Lease
Agreement or in the default of such return and delivery of a sum of Rs. 2,325,000/- and (iii)
for costs.

When the case was taken up for further trial on 07.05.2015, the plaintiff led the evidence of
Mr. J.e. Kotaiawela, Accounts Executive who in the course of his evidence moved to produce
true copies of computer printouts of Accounts ledger maintained by the plaintiff company as
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Pll, P12 and P13. The plaintiff sought to produce these documents in order to show that the
statement of account marked P3 was prepared by the plaintiff company on the basis of the
said computerized Accounts Ledger. The documents sought to be produced by the plaintiff
had been certified by the said witness as true copies of the Accounts Ledger relating to the
Lease Agreement in question

The requirement of ‘writing’ is considered as a main obstacle relating to the formation of

electronic transaction.32 The general question that is raised here is, whether an electronic
record can be accepted same as a written record of commercial transaction? This question
was discussed in the case of Benwell v Republic of Sri Lanka prior to enact ETA, and it was
held that “…the computer granted evidence is neither original evidence nor derivative
evidence [which can be accepted under the Evidence Ordinance] can be admissible as
evidence and acted upon

The defendants objected to the production of the said documents on the following grounds:

1. There is no prima facie evidence such as the name and logo of the plaintiff company to
show that the documents sought to be produced are documents of the plaintiff

2. Prima facie, the computer documents sought to be produced are mere data said to have
been obtained from a computer however, there is no evidence as to the relevancy of such
documents to the case since no computer data sources (e.g. related links, information and
terms) are not shown in the said documents

3. The documents sought to be produced are not in respect of rentals paid by the defendants
in terms of the Lease Agreement in question

The requirement of ‘writing’ is considered as a main obstacle relating to the formation of

electronic transaction.32 The general question that is raised here is, whether an electronic
record can be accepted same as a written record of commercial transaction? This question
was discussed in the case of Benwell v Republic of Sri Lanka prior to enact ETA, and it was
held that “…the computer granted evidence is neither original evidence nor derivative
evidence [which can be accepted under the Evidence Ordinance] can be admissible as
evidence and acted upon.

The ETA clearly states in Section 03 of the Act that, ‘no data message, electronic documents,
electronic records or other communications shall not be denied legal recognition, effect,
validity or enforceability on the ground that it is in electronic form. With the effect of this
provision data messages and all other forms of electronic communications have been given
legal recognition

The evidence reveals that witness Chaminda Kotalawaia who moved to produce documents
marked P11 to P13 is the Accounts Executive of the plaintiff's company. It appears on the
perusal of the proceedings dated 23.05.2012 that when the plaintiff sought to produce the said
statement of account, the defendants insisted that the statement of accounts marked P3 should
be allowed to be produced only subject to proof. (Vide- page 298 of the proceedings dated
23.05.2012). The plaintiff's witness Chaminda Kotaiawala who was called to prove the
document marked P3 clearly stated that he prepared the statement of accounts on the basis of
the information available in the Lease Agreement and the data entered in the computerized
Accounts Ledger of the company.

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He further stated that generally the Accounts Ledgers are maintained by the company in the
computer in the course of the normal business transactions and the documents sought to be
produced as Pll to P13 are computer printouts of the data contained in the Accounts Ledger of
the company in respect of the Lease Agreement in question (Vide- evidence at page 420-423
of the record).

The learned counsel for the 1st and 4th defendants whilst objecting to the production of the
documents in question stated that prima facie, documents in question are computer printouts
(Vide page 421 of the proceedings dated 07.05.2015). Accordingly, there is no dispute that
the documents sought to be produced at the trial as Pll to P13 are computer printouts despite
the fact that the same has been certified by witness Kotalawala as true copies

By virtue of these rebuttable presumptions, when the party adducing the evidence presents
any information contained in a data message or any electronic document or electronic record
or other communication, the presumption of truth of information and genuineness and that it
was made by the person who is purported to have made it would operate.

Accordingly, the weight to be attached to the prima facie admissibility of any information
contained in a data message or any electronic document or electronic record or other
communication under section 21 (2) will depend on the question whether the presumptions of
truth, genuineness and the fact that such evidence was made by the person who is purported
to have made it, can be rebutted or not. Accordingly, any question of accuracy of the
printouts, whether resulting from incorrect data entry or the inaccuracies of in any other type
of business records or their genuineness can be rebutted on evidence and unless the contrary
is proved the 3 rebuttable presumptions will operate.

It seems to me therefore that the Electronic Transaction Act has simplified the procedure
relating to the rules governing evidence for the admissibility of any information contained in
a date message or any electronic document, electronic record or other communication
referred to in section 21 (2) of the Electronic Transaction Act as regards any business, trade
or professional or other regularly conducted activity.

Accordingly, the presumption related to any information contained in a data message or in

any electronic document or electronic record or other communication is only a rebuttable
presumption and hence, they will only operate unless the contrary is proved.

However, the defendants cannot object to the production of these computer printouts obtained
from computerized accounts ledgers at this stage of the trial on the basis that they are
resulting from incorrect data entry or the inaccuracies of in any other type of business records
or their genuineness. The defendants are however, entitled to rebut the presumptions relevant
to the documents in question and show that they are resulting from incorrect data entry or the
inaccuracies of in any other type of business records or their genuineness in terms of section
21 (3) of the Electronic Transaction Act No. 19 of 2006.

The requirement of ‘writing’ is considered as a main obstacle relating to the formation of

electronic transaction.32 The general question that is raised here is, whether an electronic
record can be accepted same as a written record of commercial transaction? This question
was discussed in the case of Benwell v Republic of Sri Lanka prior to enact ETA, and it was
held that “…the computer granted evidence is neither original evidence nor derivative
evidence [which can be accepted under the Evidence Ordinance] can be admissible as
evidence and acted upon.

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The ETA clearly states in Section 03 of the Act that, ‘no data message, electronic documents,
electronic records or other communications shall not be denied legal recognition, effect,
validity or enforceability on the ground that it is in electronic form. With the effect of this
provision data messages and all other forms of electronic communications have been given
legal recognition

The principle of technological neutrality is embedded in this section and now the courts are
empowered to accept data messages and electronic records in judicial proceedings without
any barrier.

Section 04 of the ETA is important because, it provides a legality of electronic equivalents to

instruments which are required to be in writing.35This provision connotes the principle of
functional equivalence.36 Therefore, it is crystal clear that the border objective of the ETA is
to enable international legal context to be incorporated into domestic legal regime.

Furthermore, the ETA provides rules relating to evidence in chapter 5 of the Act. Thus, the
applicability of Evidence (Special Provisions) Act is limited by virtue of Section 22 of the
ETA, and section 21 provides, a wider scope of admissibility of electronic records, or other
communications as evidence in any proceedings.37Thus, one can argue that these provisions
make feasible of judicial proceeding when relating to e-Commerce. The Commercial High
Court has analyzed the applicability of these sections of ETA in People’s Leasing Company
Limited v. Muthuthantrige Iran Fernando case

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Question 2: (25 Marks)

CodeFast is a Sri Lanka software development company catering software for Human
Resources Management solutions for both local and overseas market. CodeFast employs
nearly 250 employees, all are Sri Lankans passed out from leading government and private
universities.

You are required to prepare following:

i) A paper advertisement (1/4 page for news papers) for seeking right set of candidates
for web developers. (04 Marks)
ii) A Year End Performance Appraisal form for a Web Developer. (07 Marks)
a. This should include a section to evaluate objectives and achievements at the
end of the year. (Maximum 02 pages of A4 Sheets)
b. You are required to cover the questions, inputs by the employee and superior’s
comments as well.
iii) A comprehensive form (with the inputs) of Job Analysis for the role of Web
Developer. (07 Marks)
iv) A Job Description of Web Developer. (07 Marks)
Web Developer Job Responsibilities

The role is responsible for designing, coding and modifying websites, from layout to function
and according to a client's specifications. Strive to create visually appealing sites that feature
user-friendly design and clear navigation.

Web Developer Job Duties

Regular exposure to business stakeholders and executive management, as well as the

authority and scope to apply your expertise to many interesting technical problems.
Candidate must have a strong understanding of UI, cross-browser compatibility, general web
functions and standards.
The position requires constant communication with colleagues.
Experience in planning and delivering software platforms used across multiple products and
organizational units.
Deep expertise and hands on experience with Web Applications and programming languages
such as HTML, CSS, JavaScript, JQuery and API's.
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Deep functional knowledge or hands on design experience with Web Services (REST, SOAP,
etc ..) is needed to be successful in this position.
Strong grasp of security principles and how they apply to E-Commerce applications.

Web Developer Skills and Qualifications

JavaScript, JQuery, HTML, HTML5, CSS, CSS3, Web Programming Skills, E-Commerce,
Teamwork, Verbal Communication, cross-browser compatibility, Web User Interface Design
(UI), Security Principles, Object-Oriented Design, Web Services (REST/SOAP), Multimedia
Content Development, API's
-The End-

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