Section 2: Interpretation

2. Interpretation In this Act— “asymmetric cryptosystem” means a system capable of generating a secure key pair, consisting of a private key for creating a digital signature, and a public key to verify the digital signature; “authorised officer” means the person designated as such under section 25 of the Information and Communication Technologies Act; “automated transaction” means a transaction conducted or performed, in whole or in part, by electronic means or electronic records, in which the acts or records of one or both parties are not reviewed by an individual in the ordinary course in forming a contract, performing under an existing contract, or fulfilling an obligation required by the transaction; “certificate” means a record issued by a certification authority for the purpose of supporting digital signatures which purports to confirm the identity or other significant characteristics of the person who holds a particular key pair; “certification authority” means a person duly authorised under this Act to issue a certificate; “certification practice statement” means a statement issued by a certification authority to specify the practices that the certification authority employs in issuing certificates; “Controller” means the Controller of Certification Authorities referred to in section 37; “correspond”, in relation to a private key or public key, means to belong to the same key pair; “digital signature”— (a) means an electronic signature consisting of a transformation of an electronic record using an asymmetric cryptosystem such that a person having the initial untransformed electronic record and the signer’s public key can accurately determine— (i) whether the transformation was created using the private key that corresponds to the signer’s public key; and [Issue 3] E5 – 2 Revised Laws of Mauritius (ii) whether the initial electronic record has been altered since the transformation was made; and (b) includes voice recognition features, digital finger-printing or such other biotechnology features or process, as may be prescribed; “electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities; “electronic agent” means a computer programme or an electronic or other automated means used to initiate an action or response to electronic records or performances in whole or in part without review or action by an individual; “electronic record” means a record created, generated, sent, communicated, received or stored 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; “ICT Authority” means the Information and Communication Technologies Authority established under the Information and Communication Technologies Act; “information” means data, text, images, sounds, codes, computer programmes, software, databases, or the like; “information processing system” means an electronic system for creating, generating, sending, receiving, storing, displaying, or processing information; “key pair”, in an asymmetric crytosystem, means a private key and its mathematically related public key, having the property that the public key can verify a digital signature that the private key creates; “licensed certification authority” means a certification authority licensed by the Controller; “Minister” means are, databases, or the like; “information processing system” means an electronic system for creating, generating, sending, receiving, storing, displaying, or processing information; “key pair”, in an asymmetric crytosystem, means a private key and its mathematically related public key, having the property that the public key can verify a digital signature that the private key creates; “licensed certification authority” means a certification authority licensed by the Controller; “Minister” means the Minister to whom responsibility for the subject of information technology is assigned; “private key” means the key of a key pair used to create a digital signature; “public key” means the key of a key pair used to verify a digital signature; “public sector agency” includes any Ministry or Government Department, local authority or statutory body; “record” means information that is inscribed, stored or otherwise fixed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; “repository” means a system for storing and retrieving certificates or other information relevant to certificates; E5 – 3 [Issue 3] Electronic Transactions Act “security procedure” means a procedure for the purpose of— (a) verifying that an electronic record is that of a specific person; or (b) detecting error or alteration in the communication, content or storage of an electronic record since a specific point in time, which may require the use of algorithms or codes, identifying words or numbers, encryption, answerback or acknowledgement procedures, or similar security devices; “subscriber” means a person who is the subject named or identified in a certificate issued to him and who holds a private key that corresponds to a public key listed in that certificate; “transaction” means an action or set of actions relating to the conduct of business, commercial, or public sector activities and occurring between 2 or more persons; “trustworthy system” means computer hardware, software, and procedures that— (a) are reasonably secure from intrusion or misuse; (b) provide a reasonable level of availability, reliability and correct operation; (c) are reasonably suitable for performing their intended functions; and (d) adhere to generally accepted security procedures; “verify a digital signature”, in relation to a given digital signature, record and public key, means to determine accurately that— (a) the digital signature was created using the private key corresponding to the public key listed in the certificate; and (b) the record has not been altered since its digital signature was created. [S. 2 amended by s. 3 of Act 7 of 2009 w.e.f. 15 July 2009.]