14
No. 23708
Act No. 25,2002
GOVERNMENT GAZETTE, 2 AUGUST 2002
ELECTRONIC COMMUNICATIONS AND
TRANSACTIONS ACT. 2002
“intemlediary” means aperson who, on behalf of another person, whether as agent
or not, sends, receivesor stores aparticular data messageor provides other services
with respect to that data message;
“Internet” means the interconnected system of networks that connects computers
around the world
using
the
TCPAP and includesfutureversionsthereof;5
“IP address” means the number identifying the pointof connection of a computer
or other device to the Internet;
“Minister” means the Minister of Communications;
“originator” means a person by whom, or on whose behalf,adatamessage
purports to have been sent or generated prior to storage, if any, but does not include 10
a person acting as an intermediary with respect to that data message;
“person” includes a public body;
“personalinformation”meansinformationabout
an identifiableindividual,
including,
- but not limited t o informationrelating to therace, gender, sex,pregnancy, marital status,15
national, ethnic or social origin, colour, sexual orientation, age, physical or
mental health,well-being, disability, religion,conscience,belief,culture.
language and birth of the individual;
information relating to the education or the medical, criminal or employment
history of the individual or information relating to financial transactions in 20
which the individual has been involved;
any identifying number, symbol, or other particular assigned to theindividual;
the address. fingerprints or blood type of the individual;
the personal opinions, views or preferences of the individual, except where
they are about another individual or about a proposal for a grant, an award or 25
a prize to be made to another individual;
correspondence sent by the individual
that is implicitly or explicitly of a
private or confidential nature or further correspondence that would reveal the
contents of the original correspondence;
the views or opinions of another
individual
about
the individual;
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the views or opinions of another individual about a proposal for a grant, an
award or a prize to be made to the individual, but excluding the name of the
other individual where it appears with the views or opinions of the other
individual; and
the name of the individual where it appears with other personal information 35
relating to the individual or where the disclosure of the name itself would
reveal information about the individual,
but excludes information about an individual who has been dead for more than 20
years;
“prescribe” means
prescribe
by regulation under this Act;
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“private body” means(a) a natural person who cames or has carried on any trade,business
or
profession. but only in such capacity;
( b ) a partnership which carries or has carried on any trade, business or profession;
or
45
(c) any former or existing juristic person,
but not a public body:
“public body” means( a ) any department of state or administration in the national or provincial sphere
of government or any municipality inthelocalsphere of government; or
50
(b) any other functionary or institution when(i) exercising a power or performing a duty in terms of the Constitution or
a provincial constitution; or
(ii) exercising a power or performing a function in terms of any legislation;
“registrant” means an applicant for or holder of a domain name;
55
“registrar” means an entity which is licensed by the Authority to update a
repository;