In this Act, unless the context otherwise requires
"accept a certificate"
means-
(a)
to manifest approval of a certificate, while knowing or having notice of its contents; or
(b)
to apply to a certification service provider for a certificate, without revoking the application by delivering notice of the revocation to the licensed certification service provider and obtaining a signed, written receipt from the certification service provider, if the certification service provider subsequently issues a certificate based on the application;
"advanced electronic signature"
means an electronic signature, which is-
(a)
uniquely linked to the signatory;
(b)
reliably capable of identifying the signatory;
(c)
created using secure signature creation device that the signatory can maintain; and
(d)
linked to the data to which it relates in such a manner that any subsequent change of the data or the connections between the data and the signature are detectable;
"asymmetric cryptosystem"
means an algorithm or series of algorithms, which provide a secure key pair;
"authorised officer"
means the Controller or a police officer or a public officer performing any functions under this Act; and includes any public officer authorised by the Minister or by the controller to perform any functions under this Act;
"certificate"
means a data message or other records confirming the link between a signatory and a signature creation data;
"certification service provider disclosure record"
means an online and publicly accessible record that concerns a licensed certification service provider, which is kept by the Controller under subsection 21(5);
"certification practice statement"
means a declaration of the practices, which a certification service provider employs in issuing certificates generally or employs in issuing a particular certificate;
"certification service provider"
means a person that issues certificates and may provide other services related to electronic signatures;
"certify"
means to declare with reference to a certificate, with ample opportunity to reflect and with a duty to apprise oneself of all material facts;
"confirm"
means to ascertain through diligent inquiry and investigation;
"Controller"
means National Information Technology Authority-Uganda;
"correspond", with reference to keys, means to belong to the same key pair;
"currency point"
has the meaning assigned to it in the Schedule in this Act;
"digital signature"
means a transformation of a message using an asymmetric cryptosystem such that a person having the initial message and the signer's public key can accurately determine-
(a)
whether the transformation was created using the private key that corresponds to the signer's public key; and
(b)
whether the message has been altered since the transformation was made;
"electronic signature"
means data in electronic form affixed to or logically associated with a data message, which may be used to identify the signatory in relation to the data message and indicate the signatory's approval of the information contained in the data message; and includes an advance electronic signature and the secure signature;
"electronic signature product"
means configured hardware or software or relevant components of it, which are intended to be used by a certification service provider for the provision of electronic signature services or are intended to be used for the creation or verification of electronic signatures;
"forge a digital signature"
means-
(a)
to create a digital signature without the authorisation of the rightful holder of the private key; or
(b)
to create a digital signature verifiable by a certificate listing as subscriber a person who either does not exist or does not hold the private key corresponding to the public key listed in the certificate;
"hold a private key"
means to be able to utilise a private key;
"incorporate by reference"
means to make one message a part of another message by identifying the message to be incorporated and expressing the intention that it be incorporated;
"issue a certificate"
means the act of a certification service provider in creating a certificate and notifying the subscriber listed in the certificate of the contents of the certificate;
"key pair"
means a private key and its corresponding public key in an asymmetric cryptosystem, where the public key can verify a digital signature that the private key creates;
"licensed certification service provider"
means a certification service provider to whom a licence has been issued by the Controller and whose licence is in effect;
"message"
means a digital representation of information;
"Minister"
means the Minister responsible for information and communication technology;
"notify"
means to communicate a fact to another person in a manner reasonably likely under the circumstances to impart knowledge of the information to the other person;
"person"
includes any company or association or body of persons corporate or unincorporate;
"prescribed"
means prescribed by or under this Act or any regulations made under this Act;
"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 and listed in the digital signature certificate;
"public key infrastructure"
means a framework for creating a secure method for exchanging information based on public key cryptography;
"publish"
means to record or file in a repository;
"qualified certification service provider"
means a certification service provider that satisfies the requirements under section
23
;
"recipient"
means a person who receives or has a digital signature and is in a position to rely on it;
"recognised date or time stamp service"
means a date/time stamp service recognised by the Controller under section
79
;
"recognised repository"
means a repository recognised by the Controller under section
77
;
"recommended reliance limit"
means the monetary amount recommended for reliance on a certificate under section
76
;
"relying party"
means a person that may act on the basis of a certificate or an electronic signature;
"repository"
means a system for storing and retrieving certificates and other information relevant to digital signatures;
"revoke a certificate"
means to make a certificate ineffective permanently from a specified time forward;
"rightfully hold a private key"
means to be able to utilise a private key-
(a)
which the holder or the holder's agents have not disclosed to any person in contravention of this act; and
(b)
which the holder has not obtained through theft, deceit, eavesdropping or other unlawful means;
"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, answer back or acknowledgement procedures or similar security devices;
"secure signature creation device"
means a signature creation device which meets the requirements laid down in section
4
;
"signatory"
means a person that holds signature creation data and acts either on its own behalf or on behalf of the person it represents
"signature creation device"
means configured software or hardware, used by the signatory to create an electronic signature;
"signature verification data"
means unique data such as codes or public cryptographic keys, used for the purpose of verifying an electronic signature;
"signature verification device"
means configured software or hardware, used for the purpose of verifying an electronic signature;
"signed"
or "signature" and its grammatical variations includes any symbol executed or adapted or any methodology or procedure employed or adapted, by a person with the intention of authenticating a record, including an electronic or digital method;
"subscriber"
means a person who-
(a)
is the subject listed in a certificate;
(b)
accepts the certificate; and
(c)
holds a private key which corresponds to a public key listed in that certificate;
"suspend a certificate"
means to make a certificate ineffective temporarily for a specified time forward;
"this Act"
includes any regulations made under this Act;
(a)
to append or attach to a message, digital signature or certificate a digitally signed notation indicating at least the date, time and identity of the person appending or attaching the notation; or
(b)
the notation appended or attached;
"transactional certificate"
means a certificate, incorporating by reference one or more digital signatures, issued and valid for a specific transaction;
"trustworthy system"
means computer hardware and software which-
(a)
are reasonably secure from intrusion and misuse;
(b)
provide a reasonable level of availability, reliability and correct operation; and
(c)
are reasonably suited to performing their intended functions;
"valid certificate"
means a certificate which-
(a)
a licensed certification service provider has issued;
(b)
has been accepted by the subscriber listed in it;
(c)
has not been revoked or suspended; and
(d)
has not expired, but a transactional certificate is a valid certificate only in relation to the digital signature incorporated in it by reference;
"verify a digital signature"
means, in relation to a given digital signature, message and public key, to determine accurately that-
(a)
the digital signature was created by the private key corresponding to the public key; and
(b)
the message has not been altered since its digital signature was created;
"writing"
or "written" includes any handwriting, typewriting, printing, electronic storage or transmission or any other method of recording information or fixing information in a form capable of being preserved.
(2)
For the purposes of this Act, a certificate shall be revoked by making a notation to that effect on the certificate or by including the certificate in a set of revoked certificates.
(3)
The revocation of a certificate does not mean that it is destroyed or made illegible.