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GAZETTE, 2 AUGUST 2002
GOVERNMENT
No. 23708
Act No. 25,2002
ELECTRONIC
COMMUNICATIONS
AND
TRANSACTIONS ACT. 2002
“cryptographyproduct”means
any product that makesuse of cryptographic
techniques andis used by a sender or recipient of data messages for thepurposes of
ensuring( a ) that such data can be accessed only by relevant persons;
(6) the authenticity of the data;
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(c) the integrity of the data; or
(d) that the source of the data can be correctly ascertained;
“cryptography provider” means any person who provides or whoproposes to
provide cryptography services or products in the Republic;
“Cryptography service” means any service which is provided to a sender or a 10
recipient of a data message or to anyone storing a data message,
and which is
designed to facilitate the use of cryptographictechniques for thepurpose of
ensuring(u) that such data or datamessagecanbeaccessed
orcanbe
put into an
intelligible form only by certain persons;
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(6) that the authenticity or integrity of such data or data message is capable of
being ascertained;
(c) the integrity of the data or data message; or
(d) that the source of the data or data message can be correctly ascertained;
“cyber inspector” means an inspector referred to in Chapter XII;
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“data” means electronic representations of information in any form;
“data controller” means any person who electronically requests, collects, collates,
processes or stores personal information from or in respect of a data subject;
“data message” means data generated,sent, received or stored by electronic means
and includes25
(a) voice, where the voice is used in an automated transaction; and
(b) a stored record;
“data subject” means any natural person from or in respect of whom personal
information has been requested, collected, collated, processed or stored, after the
commencement of this Act:
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“Department” means the Department of Communications;
“Director-General’’ means the Director-General of the Department;
“domain name” means an aiphanumeric designation that is registered or assigned
in respect of an electronic address or other resource on the Internet;
“domainname system” meansasystem
to translatedomainnamesinto
IP 35
addresses or other information;
“e-government services” means any public service provided by electronic means
by any public body in the Republic:
“electronic agent” means a computer program or an electronic or other automated
means used independently to initiate an action or respond to data messages or 40
performances in whole or in part, in an automated transaction;
“electronic communication” means a communication by means of data messages;
“electronicsignature”meansdata
attached to,incorporated in. or logically
associated with other dataand which is intended by the user to serve as a signature;
“e-mail” means electronic mail, a data message used or intended to be used as a 45
mail message between the originator and addressee in an electronic communication;
“home page” means the primary entry point web page of a web site;
“hyperlink”means a reference or link from some point in one datamessage
directing a browser or other technology or functionality to another data message or 50
point therein or to another place in the same data message;
“ICANN” means the Internet Corporation for Assigned Names and Numbers, a
California non-profit public benefit corporation established in terms of the laws of
the state of California in the United States of America;
“information system” means a system for generating. sending, receiving, storing, 55
displaying or otherwise processing data messages and includes the Internet;
“information system services” includes the
provision of connections, the operation
of facilities for informationsystems, the provision of access to information
systems, the transmission or routing of data messages between or among points
specified by a user and the processing and storage of data, at the individual request 60
of the recipient of the service;