The Electronic Government Act, 2021

Electronic Government [No. 41 of 2021 513
THE ELECTRONIC GOVERNMENT ACT, 2021
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section
1. Short title and commencement
2. Interpretation
3. Application of Act
PART II
GUIDING PRINCIPLES OF E-GOVERNMENT
4. Guiding principles for e-government
PART III
ELECTRONIC GOVERNMENT DIVISION
5. Establishment of electronic Government Division
6. Functions of Division
7. National Coordinator and other staff
PART IV
CONTROL OF E-GOVERNMENT SYSTEMS AND SERVICES
8. Scope of application
9. National e-government plan
10. Electronic access to Government
11. Electronic means of payment
12. Required documentation and data sharing
13. Electronic record-keeping
14. Conversion and destruction of original paper documents
15. Access to files
16. Optimisation of administrative procedures and information on status of
progress
17. Joint automated procedures
18. Requirements pertaining to provision of data
19. Electronic forms
20. Data protection
Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka, Price K40.00 each.

onic forms
20. Data protection
Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka, Price K40.00 each.

514 No. 41 of 2021] Electronic Government
21. Identity and authenticity
22. Restriction on use of personal information
23. Non-disclosure of information provided to public body
24. Citizen card
PART V
INFORMATION SYSTEMS SECURITY
25. Information security
26. Security of information
27. Access to and sharing of information
28. Audit of public body
PART VI
PUBLIC SERVICE ELECTRONIC TRANSACTIONS
29. Electronic filing, electronic signature and issuing of documents by
public body
30. Receipt of information by public body
31. Determination of originality of data message
32. Use and acceptance of electronic signature for public body
33. Electronic Gazette
PART VII
GENERAL PROVISIONS
34. Annual Reports
35. Geo-referencing
36. Prohibition of disclosure of information to unauthorised persons
37. Regulations

ART VII
GENERAL PROVISIONS
34. Annual Reports
35. Geo-referencing
36. Prohibition of disclosure of information to unauthorised persons
37. Regulations

5
10
Enactment
Short title
and
commence-
ment
Interpretation
An 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. [20th May, 2021
ENACTED by the Parliament of Zambia. PART I
PRELIMINARY
1. This Act may be cited as the Electronic Government Act,
2021, and shall come into operation on the date appointed by the
President by statutory instrument. 2. 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;
Electronic Government [No. 41 of 2021 515
Act No. 4 of
2021
GOVERNMENT OF ZAMBIA
ACT
No.

r the publication of electronic legislation
for the Republic;
Electronic Government [No. 41 of 2021 515
Act No. 4 of
2021
GOVERNMENT OF ZAMBIA
ACT
No.

41 of 2021
Date of Assent: 19th May, 2021

41 of 2021
Date of Assent: 19th May, 2021

“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 words
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 words in
the Data Protection Act, 2021;
“data subject” has the meaning assigned to the words 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 words in
the Electronic Communications and Transactions Act, 2021;
Act No.

results of the process;
“digital signature” has the meaning assigned to the words in
the Electronic Communications and Transactions Act, 2021;
Act No.

4 of
2021
Cap. 1
Act No. 3 of
2021
Act No. 4 of
2021
Act No. 3 of
2021
516 No. 41 of 2021] Electronic Government

4 of
2021
Cap. 1
Act No. 3 of
2021
Act No. 4 of
2021
Act No. 3 of
2021
516 No. 41 of 2021] Electronic Government

“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 words 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 words 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 words 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.

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

Act No. 1 of
2018
Cap. 1
Cap. 1
Electronic Government [No. 41 of 2021 517

Act No. 1 of
2018
Cap. 1
Cap. 1
Electronic Government [No. 41 of 2021 517

3. 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.

udices, limits or restricts any other law regulating the dealings
between the Government and the public. PART II
GUIDING PRINCIPLES OF E-GOVERNMENT
4.

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;
(d) integrated provision of e-government service which
recognises the unique roles and capabilities of public
bodies;
(e) sharing of administrative information among public bodies
which avoids information duplicity;
(f) protection of information held by a data controller used in
accordance with the law;
(g) prudent and responsible use of public resources in the
implementation of e- government activities; and
(h) collaboration with the private sector for the promotion
and optimisation of sustainable resource utilisation. PART III
ELECTRONIC GOVERNMENT DIVISION
5.

llaboration with the private sector for the promotion
and optimisation of sustainable resource utilisation. PART III
ELECTRONIC GOVERNMENT DIVISION
5.

(1) There is established the Electronic Government Division
as a Division in the Office of the President which is responsible for
the administration of this Act under the general direction of the
President. Application
of Act
Guiding
principles for
e-government
Establishment
of electronic
Government
Division
518 No. 41 of 2021] Electronic Government

dent. Application
of Act
Guiding
principles for
e-government
Establishment
of electronic
Government
Division
518 No. 41 of 2021] Electronic Government

(2) The Division shall, subject to the general direction of the
President, be responsible for the coordination of e-government
and information and communication technology matters in public
bodies. 6.

ection of the
President, be responsible for the coordination of e-government
and information and communication technology matters in public
bodies. 6.

(1) The functions of the Division are to—
(a) promote and manage e-government policies and
programmes;
(b) develop strategies and standards that enhance usage and
application of information and communication
technology innovations in the public sector;
(c) ensure that public data is preserved in a secure
government designated area and backups in specified
locations;
(d) promote inter-government agency collaboration in
providing e-government services, in order to improve
the service delivery to citizens by integrating related
functions and systems;
(e) promote information and communication technologies
education and utilisation;
(f) provide access to high quality Government information
and services across multiple channels;
(g) undertake research on information and communication
technologies;
(h) develop supportive and enabling shared infrastructure to
ensure equitable access to effective and appropriate
information and communication technologies;
(i) develop, disseminate and enforce quality assurance,
security and other standards in the provision of
information and communication technologies;
(j) design and develop appropriate applications for the support
of e-governance and other electronic services;
(k) provide technical support to various information and
communication technologies projects, programmes and
interventions in public bodies;
(l) manage information and communication technology related
service level agreements with service providers and
clients;
Functions of
Division
Electronic Government [No.

ion and communication technology related
service level agreements with service providers and
clients;
Functions of
Division
Electronic Government [No.

41 of 2021 519

41 of 2021 519

(m) recommend the recruitment and placement of, and
manage and supervise information and communication
technology staff in public bodies;
(n) oversee the design and implementation of information
management systems, in public bodies and any other
institutions to which public funds are appropriated;
(o) establish a coordinated official email communication and
central information technology infrastructure for the
effective implementation of the system;
(p) implement an information communication and technology
development plan;
(q) promote paperless transactions in the public service; and
(r) carry out other functions relating to e-governance of
information and communication technologies that are
necessary for the performance of its functions under
this Act.

nctions relating to e-governance of
information and communication technologies that are
necessary for the performance of its functions under
this Act.

(2) The Division shall, for the purposes of performing its
functions under subsection (1)—
(a) enforce the provisions of this Act and any prescribed
standards of generally recognised e-government,
information and communication technology practices and
uniform classification systems in public bodies;
(b) monitor and assess compliance with this Act and any other
relevant written law and take administrative action
against a public body or refer it to a relevant institution
or law enforcement agency for a contravention of this
Act;
(c) assist public bodies in building their capacity for efficient,
effective and transparent e-government services;
(d) monitor and evaluate information systems and internal
controls in public bodies; and
(e) develop policies and procedures relating to the proper
management of information and communication
technology systems and assets in the delivery of public
services. 520 No. 41 of 2021] Electronic Government

anagement of information and communication
technology systems and assets in the delivery of public
services. 520 No. 41 of 2021] Electronic Government

7. (1) The President, through the Civil Service Commission,
shall appoint a National Coordinator of the Division who shall be a
public officer. (2) The National Coordinator is the chief executive officer of
the Division and is responsible for the day- to-day management of
the Division. (3) The Civil Service Commission shall appoint other staff of
the Division who are necessary for the implementation of the
provisions of this Act. PART IV
CONTROL OF E-GOVERNMENT SYSTEMS AND SERVICES
8. (1) This Act shall apply to the administrative activities by
public bodies under any other written law in force in the Republic
which are directly accountable to the Government. (2) This Act shall apply to the activities of a court or tribunal
established under any other law. 9. (1) The National Coordinator shall develop a national e-
government plan for the purposes of the National Planning and
Budget Act, 2020.

other law. 9. (1) The National Coordinator shall develop a national e-
government plan for the purposes of the National Planning and
Budget Act, 2020.

(2) The national e-government plan shall include—
(a) strategies and projects for reducing paper documents in
public bodies;
(b) strategies and projects for the management of
administrative information resources by public bodies;
(c) harmonisation requirements for implementation of the
strategies and projects;
(d) projects for installing an information and communications
network among public bodies and securing safety;
(e) medium and long term project plans; and
(f) other e-government projects related to the implementation
and operation of e-government. 10. (1) A public body shall establish a point of access for the
transfer of electronic documents, including documents provided
with advanced electronic signature. National
Coordinator
and other
staff
Scope of
application
National e-
government
plan
Act No. 1
of 2020
Electronic
access to
Government
Electronic Government [No. 41 of 2021 521

her
staff
Scope of
application
National e-
government
plan
Act No. 1
of 2020
Electronic
access to
Government
Electronic Government [No. 41 of 2021 521

(2) A public body shall in any administrative procedure or public
function in which it is required to establish a person’s identity by
virtue of a legal provision or in which the public body considers
identification to be necessary on other grounds, offer electronic
proof of identity issued under the National Registration Act. 11. (1) Where a law requires a payment to be made, the
requirement of the law is fulfilled if the payment is made by electronic
means and complies with any conditions imposed by the
Government. (2) Where a law requires the issuance of a receipt of payment,
that requirement is fulfilled if the receipt is in electronic form and is
accessible and intelligible so as to be usable for subsequent
reference.

nt,
that requirement is fulfilled if the receipt is in electronic form and is
accessible and intelligible so as to be usable for subsequent
reference.

(3) An information processing system used for standards
relating to electronic transactions shall be sufficiently secured in
accordance with accepted technological standards at the time
relating to authentication, integrity, availability and confidentiality
to process electronic transactions including electronic banking,
mobile banking, electronic funds transfers, point of sale, automatic
teller machines and other related electronic transactions or systems
or as may be prescribed. (4) An organisation engaged in electronic payments, contracts
and service provision shall meet security requirements in line with
the relevant industry standards of the technology being offered by
that organisation for electronic payments. (5) A public body shall, where a charge or other amount
receivable arises in connection with an administrative procedure
or public function carried out by electronic means, enable payment
of that charge or other amount receivable by participating in at
least one adequately secure payment procedure which is customary
in the area of electronic business transactions. 12.

eceivable by participating in at
least one adequately secure payment procedure which is customary
in the area of electronic business transactions. 12.

(1) Where an administrative procedure or public function
is carried out by electronic means, the documents to be presented
may be submitted by electronic means, except where this
contravenes a legal provision or where a public body requires the
submission of an original document. Cap. 126
Electronic
means of
payment
Required
documentation
and data
sharing
522 No. 41 of 2021] Electronic Government

ission of an original document. Cap. 126
Electronic
means of
payment
Required
documentation
and data
sharing
522 No. 41 of 2021] Electronic Government

(2) A public body may determine which form of electronic
submission is permissible for the purposes of that public body. (3) A public body may, with the consent of a data subject, as
applicable, retrieve required documentation originating from another
public body directly from the issuing public body, and the requesting
public body and the providing public body may collect, process and
use the necessary personal data for that purpose. (4) In the absence of any legal provisions to the contrary, the
consent granted under subsection (3) may be provided by electronic
means and shall be documented. (5) A public body shall, for the purposes of subsection (4), ensure
that the data subject—
(a) has granted consent consciously and in a clear manner;
(b) may retrieve the content of the consent at any time; and
(c) may revoke the consent at any time with effect for the
future. 13. (1) A public body may keep its records in electronic form.

ent at any time; and
(c) may revoke the consent at any time with effect for the
future. 13. (1) A public body may keep its records in electronic form.

(2) A public body shall ensure that where records are kept in
electronic form, appropriate technical and organisational measures
are implemented in accordance with accepted technological
standards to ensure that the principles of orderly record-keeping
and legal requirements for duration of maintenance of records are
observed. 14. (1) Where a public body keeps electronic records, it shall
keep electronic copies of those records on file in electronic form
and may in accordance with this Act or any other law, retain paper
documents. (2) A public body shall when transferring records to electronic
documents, ensure that in accordance with accepted technological
standards at the time the pictorial and text content of the electronic
documents correspond to the paper documents when they are
rendered readable. (3) The National Coordinator may, on the request of a public
body, waive the conversion of paper documents into electronic
documents where that conversion would entail disproportionate
technical efforts. Electronic
record
keeping
Conversion
and
destruction
of original
paper
documents
Electronic Government [No. 41 of 2021 523

rtionate
technical efforts. Electronic
record
keeping
Conversion
and
destruction
of original
paper
documents
Electronic Government [No. 41 of 2021 523

(4) Subject to any other written law, a paper document may,
following conversion into an electronic document, be archived,
returned or destroyed as soon as further retention by the public
body is no longer necessary on legal grounds or to ensure due
quality of the conversion process. 15. A public body shall, where a right to inspect a file exists,
grant access to files by—
(a) providing a print-out of the documents concerned;
(b) displaying the electronic documents on a screen;
(c) transmitting electronic documents; or
(d) permitting electronic access to the content of the files. 16. (1) A public body may before introducing an information
and communications technology system, apply established methods
to document, analyse and optimise administrative procedures. (2) A public body shall, in the interests of the parties involved
in the procedures, design the necessary work flows so that
information on the status of progress and on the further course of
the process can be retrieved by electronic means, together with
contact information regarding the competent point of contact at
the time of the inquiry concerned.

can be retrieved by electronic means, together with
contact information regarding the competent point of contact at
the time of the inquiry concerned.

(3) The National Coordinator may, on the request of a public
body, waive the measures under subsection (1), where the measures
will result in unreasonable costs or Joint automated procedures
where those measures are impracticable or contrary to the purpose
of the procedure concerned or breach a protective rule of law. (4) The processes under subsections (1) and (2) shall be
documented. (5) Subsections (1) and (2) shall apply with necessary
modification to any substantial changes to the administrative
procedures or the information and communications systems used. 17. (1) A public body may implement joint automated
procedures with other public bodies to enable several data
controllers to process personal data in or from a database. (2) Where joint automated procedures under subsection (1)
are also intended to enable data retrieval by other bodies, the
retrieval procedures, shall in relation to the protection of personal
information, be implemented in accordance with this Act and the
Data Protection Act, 2021. Access to
files
Optimisation
of
administrative
procedures
and
information
on status of
progress
Act No. 3
of 2021
Joint
automated
procedures
524 No.

. Access to
files
Optimisation
of
administrative
procedures
and
information
on status of
progress
Act No. 3
of 2021
Joint
automated
procedures
524 No.

41 of 2021] Electronic Government

41 of 2021] Electronic Government

(3) The participation of other public bodies in joint automated
procedures shall only be undertaken where it is appropriate with
due regard to a data subject’s legitimate interests and the tasks to
be performed by the participating public bodies. (4) A public body shall, before establishing or effecting
substantial changes to a joint automated procedure, specify the
following in writing:
(a) the procedure to be applied and the bodies responsible for
defining, amending, developing and complying with
organisational and technical specifications for the joint
automated procedure; and
(b) the participating bodies responsible for ensuring the legality
of collecting, processing and using data, respectively. (5) The data controllers under subsection (1) shall appoint one
of the participating public bodies whose data protection officer shall
coordinate the implementation of this section by the participating
public bodies. (6) The data protection officer under subsection (5) shall cause
to be prepared guidelines for coordination of joint automated
procedure, which shall be available for inspection.

cer under subsection (5) shall cause
to be prepared guidelines for coordination of joint automated
procedure, which shall be available for inspection.

(7) Subject to the provisions of this Act, the Data Protection
Act, 2021, Cyber Crime and Cyber Security Act, 2021 and any
other relevant written law, a public body may commission another
body to collect, process and use personal data for the joint automated
procedure. (8) A data subject may assert that data subject’s rights under
the Data Protection Act, 2021, against any of the participating bodies,
irrespective of which body is responsible for processing the data in
the individual case concerned. (9) A public body contacted by a data subject under subsection
(8), shall forward the matter to a responsible public body in the
case concerned. 18. (1) Where a public body employs publicly accessible
networks to make data available, that public body shall use a
machine-readable format as a general principle. (2) A format under subsection (1), is machine-readable when
the contained data can be read and processed in automated mode
by means of corresponding software. Act No. 3 of
2021
Act No. 2
of 2021
Requirements
pertaining to
provision of
data
Act No. 3 of
2021
Electronic Government [No. 41 of 2021 525

software. Act No. 3 of
2021
Act No. 2
of 2021
Requirements
pertaining to
provision of
data
Act No. 3 of
2021
Electronic Government [No. 41 of 2021 525

(3) Subject to the other provisions of this Act and the Data
Protection Act, 2021, data provided under subsection (1) shall be
provided with metadata. (4) The President may, on the recommendation of the Division,
make Regulations for use of the data under this section including
commercial and non-commercial use, conditions of use and exclusion
of liabilities and warranties. (5) For the purposes of this section “metadata”means a set
of data that gives information about other data. 19. Where a legal provision stipulates the use of a form
providing a signature field, the signature field may be omitted from
a version of the form intended for electronic submission to the public
body where an e-signature is used. 20. (1) A public body shall implement data protection measures
in accordance with the Data Protection Act, 2021. (2) Data protection under this Act shall be enforced in
accordance with the Data Protection Act, 2021. 21.

ordance with the Data Protection Act, 2021. (2) Data protection under this Act shall be enforced in
accordance with the Data Protection Act, 2021. 21.

(1) A data controller may only grant a right of access to
personal data in which there is a protected interest in confidentiality
within the meaning of the Data Protection Act, 2021 in the context
of electronic communications in the public sector, where the unique
identity of the person desiring access and the authenticity of that
person’s request is validated. (2) The validation under subsection (1) shall be provided in a
form which can be verified electronically. (3) A data controller shall, where only recurring identity can
be validated, grant access only in respect of personal data which
the person requesting access has made available using that same
identity. (4) The identification of a person may be requested in
communications with a data controller by a public body, where it is
an essential requirement for performance of a task assigned to that
data controller under any law. 22.

a data controller by a public body, where it is
an essential requirement for performance of a task assigned to that
data controller under any law. 22.

A public body shall, without prejudice to the Data Protection
Act, 2021, ensure that personal data is—
(a) kept and used only for specified and lawful purposes for
which the data is collected and processed; and
(b) not kept for longer than is necessary for the purposes for
which the data is collected and processed or as required
by any law. Act No. 3 of
2021
Act No. 3 of
2021
Act No. 3 of
2021
Identity and
authenticity
Act No. 3 of
2021
Electronic
forms
Data
protection
Restriction
on use of
personal
information
Act No. 3 of
2021
526 No. 41 of 2021] Electronic Government

No. 3 of
2021
Electronic
forms
Data
protection
Restriction
on use of
personal
information
Act No. 3 of
2021
526 No. 41 of 2021] Electronic Government

23. A public body shall not without lawful authority disclose
information provided to that public body for the purpose or during
the course of delivery of e-government services. (2) A person who contravenes subsection (1)commits an
offence and is liable, on conviction —
(a) to a fine not exceeding two hundred thousand penalty
units;
(b) in the case of a second or subsequent offence, to a fine
not exceeding five hundred thousand penalty units; and
(c) in the case of a continuing offence, to a fine not exceeding
fifty thousand penalty units for each day on which the
offence continues. 24. (1) A citizen card shall validate the unique identity of a
person making a submission and of the authenticity of a submission
made electronically in procedures for which a data controller in a
public body has set up a technical environment in which the citizen
card can be used.

de electronically in procedures for which a data controller in a
public body has set up a technical environment in which the citizen
card can be used.

(2) A unique identification of a natural person who is the
lawful holder of a citizen card shall be effected in that person’s
citizen card by way of an identity link and the ministry responsible
for national registration shall confirm, by electronic signature, that
the natural person identified as the holder in the citizen card is
allocated a particular source identification number for the purposes
of unique identification. (3) An identity link shall be entered in the citizen card by the
Ministry responsible for national registration or, on its behalf, by
other public bodies, as prescribed. (4) Authenticity of a submission made using a citizen card
shall be validated by the electronic signature contained in that citizen
card. (5) A person who is not required to be registered in a public
register shall, on application by that person at the request of a data
controller, be registered by the Ministry responsible for national
registration for the purposes of electronic validation of that person’s
unique identity.

oller, be registered by the Ministry responsible for national
registration for the purposes of electronic validation of that person’s
unique identity.

(6) A source identification number shall, to the extent that it
does not contain public data, be kept confidential subject to special
protection by way of regulatory and technical measures of the citizen
card scheme. Non-
disclosure
of
information
provided to
public body
Citizen card
Electronic Government [No. 41 of 2021 527

cal measures of the citizen
card scheme. Non-
disclosure
of
information
provided to
public body
Citizen card
Electronic Government [No. 41 of 2021 527

PART V
INFORMATION SYSTEMS SECURITY
25. The Division shall establish the Public Key Infrastructure
for public bodies. 26. A public body shall, in accordance with information security
standards issued by the Division—
(a) develop and enforce security measures to safeguard
information collected or used in connection with e-
government services from unauthorised disclosure; and
(b) take reasonable steps to ensure that every officer of the
public body concerned with delivering services or
collecting, placing, positing or disseminating information
or services is aware of and complies with the security
measures regarding the management and protection of
information. 27. (1) Subject to this Act, a public body may in the provision
of Government services share with a private body information in
accordance with the Data Protection Act, 2021. (2) The access to information shall be in accordance with the
user rights and access levels as prescribed. 28. (1) The Division may cause audits of a public body to be
performed to evaluate compliance with the provisions of this Part. (2) An audit under subsection (1) may be performed by an
inspector or an independent auditor.

to evaluate compliance with the provisions of this Part. (2) An audit under subsection (1) may be performed by an
inspector or an independent auditor.

(3) The Division shall, where an audit reveals that a public
body has contravened any provision of this Act, notify the public
body in writing, stating the—
(a) finding of the audit report;
(b) action required to remedy the non-compliance; and
(c) period within which a public body shall take the remedial
action. Security of
information
Act No. 3 of
2021
Access to
and sharing
of
information
Audit of
public body
528 No. 41 of 2021] Electronic Government

action. Security of
information
Act No. 3 of
2021
Access to
and sharing
of
information
Audit of
public body
528 No. 41 of 2021] Electronic Government

PART VI
PUBLIC SERVICE ELECTRONIC TRANSACTIONS
29. (1) A public body which, pursuant to this Act or any other
law, accepts the filing of documents, or requires that documents be
created, written or retained, issues a permit, licence or provides for
a manner of payment, may—
(a) accept the filing of documents in electronic form;
(b) issue a permit, licence or approval in electronic form; or
(c) make or receive payment in electronic form. (2) The Division may in relation to a public body that performs
a function under subsection (1), specify by Gazette notice—
(a) the manner and format in which the electronic
communication shall be filed,created, retained or issued;
(b) in cases where the electronic communication has to be
signed, the type of electronic signature required;
(c) the manner and format in which an electronic signature
may be attached or associated with the electronic
communication;
(d) the appropriate control processes and procedures to ensure
adequate integrity, security and confidentiality of
electronic communication or payments; and
(e) any other requirements for electronic communications or
payments.

grity, security and confidentiality of
electronic communication or payments; and
(e) any other requirements for electronic communications or
payments.

(3) A public body may adopt additional authentication
procedures including the use of electronic notarisation systems or
certificates of authentication on printed or hard copies of the
electronic document or electronic data messages by electronic
notaries, service providers and other duly recognised or appointed
certification authorities. 30. (1) A public body may, where it consents to receive any
information in electronic form, specify—
(a) the manner and format in which the information shall be
communicated to it;
(b) the type or method of electronic signature required, if
any;
(c) control processes and procedures to ensure integrity,
security and confidentiality of the information; and
(d) any other attributes for the information that is currently
specified for corresponding information on paper. Electronic
filing,
electronic
signature
and issuing
of
documents
by public
body
Receipt of
information
by public
body
Electronic Government [No. 41 of 2021 529

c
filing,
electronic
signature
and issuing
of
documents
by public
body
Receipt of
information
by public
body
Electronic Government [No. 41 of 2021 529

(2) A person shall not, where a law allows information to be
presented or retained in electronic form, demand that the information
that person presents be received in electronic form by a public
body otherwise than as specified or required by that public body. 31. A public body shall, for the purposes of determination of
the originality of a data message under the Electronic
Communications and Transactions Act, 2021, ensure that the
integrity of any information shall be assessed—
(a) by considering whether the information has remained
complete and unaltered, except for the addition of any
endorsement and any change which arises in the normal
course of communication, storage and display;
(b) in relation to the purpose for which the information was
generated; and
(c) having regard to all other relevant circumstances. 32. A public body may use and accept electronic signatures
in accordance with this Act, Electronic Communications and
Transactions Act, 2021 or any other written law. 33. (1) The Government Printer may for the purposes of this
Act, establish and maintain an electronic Gazette.

ons Act, 2021 or any other written law. 33. (1) The Government Printer may for the purposes of this
Act, establish and maintain an electronic Gazette.

(2) Where any law provides that any rule, regulation, order,
by-law, notification or any other matter shall be published in the
Gazette, then, that requirement shall be deemed to have been
satisfied if that rule, regulation, order, by-law, notification or any
other matter is published in the Gazette or e-Gazette, except that,
where any rule, regulation, order, by-law, notification or any other
matter is published in the Gazette or e-Gazette, the date of
publication shall be deemed to be the date of the Gazette which
was first published in any form. (3) The Division may, for the purposes of subsections (1) and
(2), approve a website on which the information in the database
may be published and accessed. Act No. 4 of
2021
Determination
of
originality
of data
message
Use and
acceptance
of electronic
signature for
public body
Act No. 4 of
2021
Electronic
Gazette
530 No. 41 of 2021] Electronic Government

data
message
Use and
acceptance
of electronic
signature for
public body
Act No. 4 of
2021
Electronic
Gazette
530 No. 41 of 2021] Electronic Government

PART VII
GENERAL PROVISIONS
34. As soon as practicable, but not later than ninety days after
the end of the financial year, the Division shall submit to the President
a report concerning its activities during the financial year. 35. (1) The Surveyor-General shall, if an electronic document
which contains information relating to real estate within the Republic
is created or revised, include standard nationwide geo-referencing
in the document relating to the respective parcel or the building or
an area defined in a legal provision to which the information refers. (2) For the purposes of this Act, a document is one in respect
of which data is collected or stored on the basis of legislation, which
may be public or non-public documents. 36. (1) A person shall not without the consent in writing given
by, or on behalf of the Division, publish or disclose to any person
otherwise than in the course of that person’s duties, the contents
of any documents,communication, or information which relates to,
and which has come to that person’s knowledge in course of that
person’s duties under this Act.

uments,communication, or information which relates to,
and which has come to that person’s knowledge in course of that
person’s duties under this Act.

(2) A person who contravenes subsection (1),commits an
offence and is liable, on conviction, to a fine not exceeding two
hundred thousand penalty units or to imprisonment for a term not
exceeding two years, or to both. (3) Where a person having information which to such person’s
knowledge has been published or disclosed in contravention of
subsection (1), unlawfully publishes or communicates such
information to any other person, that person commits an offence
and is liable, on conviction, to a fine not exceeding two hundred
thousand penalty units or to imprisonment for a term not exceeding
two years, or to both. 37. (1) The President may, by statutory instrument, make
Regulations for the better carrying out of the provisions of this Act. (2) Regulations made under this Act may empower a Minister
that may be specified in the Regulations. Annual
reports
Geo-
referencing
Prohibition
of disclosure
of
information
to
unauthorised
persons
Regulations
Electronic Government [No. 41 of 2021 531

532