ELECTRONIC GOVERNMENT ACT

to enhance the management and promotion of electronic Government services and processes; establish the Electronic Government Division in the Office of the President and provide for its powers and functions; facilitate access to electronic Government services to improve service delivery, administrative functions and productivity in order to enhance citizens access to Government services and information; and provide for matters connected with, or incidental, to the foregoing.

[7th January, 2022]

Act 41 of 2021,

SI 1 of 2022.

PART I
PRELIMINARY

1. Short title

This Act may be cited as the Electronic Government Act.

2. Interpretation

In this Act, unless the context otherwise requires-

"advanced electronic signature" has the meaning assigned to the words in the Electronic Communications and Transactions Act, 2021;

"approved website" means a website approved by the Attorney-General for the publication of electronic legislation for the Republic;

"authenticity" means the assurance that a message, transaction or other exchange of information is from the author or service the message transaction or other exchange of information purports to be from;

"authentication" means the process of confirmation or validation of the identity of a data source or identity;

"certification authority" has the meaning assigned to the word in the Electronic Communications and Transactions Act, 2021;

"citizen" has the meaning assigned to the word in the Constitution;

"citizen card" means the logical unit, independent of whether implemented on different technical components or not, combining an electronic signature with an identity link and the associated security data, functions and any existing data on representation;

"court" means a court of competent jurisdiction;

"data controller" has the meaning assigned to the word in the Data Protection Act, 2021;

"data subject" has the meaning assigned to the word in the Data Protection Act, 2021;

"Division" means the Electronic Government Division established under section 5;

"electronic Governance" means the use of Information and Communication Technology to enhance work efficiency and improve service delivery in order to meet the needs of the public in a responsive and transparent manner and "e-government" shall be construed accordingly;

"e-government service" means any public service provided by electronic means by any public body;

"electronic service" includes the use of electronic means for interaction between citizens and Government, including availing services from the Government, understanding status of work in progress and accessing results of the process;

"digital signature" has the meaning assigned to the word in the Electronic Communications and Transactions Act, 2021;

"geographic information system" means an information system that involves locational data, including maps or other geo-spatial information resources;

"identity" means designation of a specific person by means of data which distinguishes that person from other persons including name, date of birth, place of birth, company name, alpha-numerical or other unique identifying data designations;

"information security" means the state of being protected against the unauthorised use of information, especially electronic data or the measures taken to achieve this;

"information system" means a system for generating, sending, receiving, storing, displaying or otherwise processing data messages, and includes the internet;

"public body" has the meaning assigned to the word in the Public Finance Management Act, 2018;

"Public Key Infrastructure (PKI)" means a framework for creating a secure method for exchanging information based on public key cryptography;

"public officer" has the meaning assigned to the word in the Constitution;

"public register" means a register required to be maintained by a public body under any other written law;

"public service" has the meaning assigned to the word in the Constitution;

"source identification number " means a number used to identify natural and legal persons and other data subjects which is attributable to the data subject to be identified and which, in the case of a natural person, also serves as the basis for generating sector-specific personal identifiers; and

"unique identity" means designation of a specific person by means of one or more features enabling that person to be distinguished from another data subject.

3. Application of Act

Subject to the other provisions of this Act, nothing in this Act prejudices, limits or restricts any other law regulating the dealings between the Government and the public.

PART II
GUIDING PRINCIPLES OF E-GOVERNMENT

4. Guiding principles for e-government

The guiding principles of e-government include the following-

(a) e-government shall focus on the needs of citizens and businesses in the delivery of services;

(b) development and utilisation of innovative design and transformational integrated business processes which are streamlined, collaborative, and citizen-focused for the enhancement of service delivery;

(c) innovative application of solutions in order to reduce long term operational costs and create opportunities to evaluate and eliminate redundant steps and processes and reduce cycle times associated with conventional processes;

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