s.2Definitions
2
Section 2Part 1 — Introductory

Definitions

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In this Law — "addressee", in relation to an electronic record, means a person who is intended by the originator to receive the electronic record, but does not include a person acting as an intermediary with respect to that electronic record;
"Authority" means the Information and Communications Technology (ICT) Authority established by section 3 of the Information and Communications Technology Law, 2001 [Law 4 of 2002];
"Board" means the e-Business Advisory Board appointed under section 39;
"certificate" means an electronic record which purports to ascertain the identity of a person or entity who, at the time of creation of that record, controls a particular signature device;
"data controller" means a person who, either alone or jointly or in common with other persons, determines the purposes for which and the manner in which any personal data is, or is to be, stored, altered, transmitted, distributed or otherwise processed;
"data processor" means a person who processes personal data on behalf of a data controller;
"deliver" includes give, serve and file;
"e-commerce service provider" means a person who uses electronic means in providing real or personal property, services or information;
"electronic" means relating to technology having electrical, magnetic, optical, electromagnetic, or similar capabilities, whether digital, analogue or otherwise;
"electronic agent" means a program, or other electronic or automated means, configured and enabled by a person, that is used to initiate or respond to an electronic record or event in whole or in part, without review by an individual;
"electronic record" means a record processed and maintained by electronic means;
"electronic signature" means an electronic sound, symbol or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record;
"Governor", except in the definition "ministry or portfolio", means Governor in Council;
"information" includes data, text, images, sounds, codes, computer programmes, software and databases;
"information processing system" means an electronic system for processing information;
"information security service" and "information security procedure" includes a service or procedure which is provided to an originator, intermediary or recipient of an electronic record, and which is designed to — (a) secure that that record can be accessed, or can be put into an intelligible form, only by certain persons; or (b) secure that — (i) the authenticity; (ii) the time of processing; or (iii) the integrity, of such a record is capable of being ascertained;
"intermediary", with respect to an electronic record, means a person who processes that electronic record for another person;
"Minister" means the minister for the time being responsible for commerce;
"ministry or portfolio" includes the office of the Governor, the office of the Auditor-General and the courts' administrative service;
"originator", in relation to an electronic record, means a person who — (a) sends an electronic record; (b) instructs another to send an electronic record on his behalf; or (c) has an electronic record sent by his electronic agent, but does not include — (i) a person who sends an electronic record on the instructions of another; or (ii) a person acting as an intermediary with respect to that electronic record;
"personal data" means data which relate to a person who can be identified — (a) from those data; or (b) from those data and other information which is in the possession of, or is likely to come into the possession of, the data controller, and includes any expression of opinion about that person and any indication of the intentions of the data controller or any other person in respect of that person;
"prescribed" means prescribed in regulations made by the Governor;
"process", in relation to an electronic record, means create, generate, send, transmit, receive, store, communicate, modify or display the record;
"record" means information that is inscribed, stored or otherwise maintained on a tangible medium or that is stored in an electronic or any other medium and is accessible in a perceivable form;
"signature device" means unique data or a uniquely configured physical device, which is used by the signatory for the purposes of creating an electronic signature; and
"transaction" means a transaction whether or not for consideration and whether or not of a commercial nature.

Defined Terms

addresseeAuthorityBoardcertificatedata controllerdata processordelivere-commerce service providerelectronicelectronic agentelectronic recordelectronic signatureGovernorinformationinformation processing systeminformation security serviceinformation security procedureintermediaryMinisterministry or portfoliooriginatorpersonal dataprescribedprocessrecordsignature devicetransaction

Cross References