Interpretation

In this Act"Central Authority” means the Central Authority designated under the Mutual Legal Assistance Act; “child” means a person under the age of eighteen years; “child pornography” has the meaning assigned to it under the Commercial Sexual Exploitation of Children Act; “Court” means the Supreme Court acting in its criminal “communication” means– (a) anything encrypted or unencrypted comprising of speech, music, sounds, visual images or data of any description; and (b) encrypted or unencrypted signals serving for the impartation of anything– (i) between persons, a person and a thing or between things; or 7 (ii) for the actuation or control of any apparatus; “communication data” means any– (a) encrypted or unencrypted data comprised in or attached to a communication whether by the sender or otherwise, for the purpose of a communication network by means of which the communication is transmitted; (b) encrypted or unencrypted information, that does not include the contents of a communication, other than data that falls within paragraph (a), that is made by a (i) of any communication network; or (ii) any part of a communication network in connection with the provision to or use by any of any communication service; (c) encrypted or unencrypted information that does not fall within paragraph (a) or (b) that is held or obtained by a person providing a communication service in relation to a person to whom the service is provided; “communication network” means any wire, radio, optical or other electromagnetic system used to route switch or transmit communication; “communication service” means a service that consists in the provision of access to and of facilities for making use of, any communication network, whether or not it is one provided by the person providing the service; 8 “computer data” means any representation of– (a) facts; (b) concepts; (c) machine-readable code or instructions; or (d) information, including text, audio, image or video, that is in a form suitable for processing in a computer system and is capable of being sent, received or stored; “computer programme” means computer data which represents instructions or statements that, when executed in a computer system, can cause the computer system to perform a function; “computer system” means a device or group of inter connected or related devices, which follows a computer programme or external instruction to perform automatic processing of computer data, including a desktop computer, a laptop computer, a netbook computer, a tablet computer, a video game console, a smart phone, a personal digital assistant, or a smart television; “damage” means any impairment to the integrity or availability of data, a program, a computer system, communication network or information; “function” in relation to a computer system includes logic, control, arithmetic, deletion, storage or retrieval, and communication or telecommunication to, from or within a “Minister” means the Minister responsible for national security; “person” includes a natural or legal person, an educational or financial institution or any legal or other entity; 9 “security measure” means password, access code, encryption code or biometric information in the form of computer data and includes any means of limiting access to authorised persons or to secure recognition prior to granting access to communication data, a communication network, a computer system or computer data; “service provider” means– (a) any public or private entity that provides to users of its service the ability to communicate by means of a computer system; or (b) any public or private entity that processes or stores computer data on behalf of a communication service or users of the service; “subscriber information” means any information contained in the form of computer data or any other form that is held by a service provider, relating to subscribers of its services and by which can be established– (a) the type of communication service used, the technical provisions taken and the period of (b) the subscriber’s identity, postal or geographic address, telephone and other access number, billing and payment information available on the basis of the service agreement or arrangement; or (c) any other information on the site of the installation of communication equipment available on the basis of the service agreement or arrangement; 10 “Storage Direction” means any Order of a court compelling a service provider to store and make available to a stipulated party a person’s stored traffic data and subscriber information; and “traffic data” means any communication data– (a) identifying, or purporting to identify, any person, apparatus or location to or from which the communication that is, may be or may have been transmitted, and “data” in relation to a postal article, means anything written on the outside of the postal article; (b) identifying or selecting, or purporting to identify or select, apparatus through or by means of which the communication is or may be transmitted; (c) comprising signals for the actuation of– (i) apparatus used for the purpose of a communication network for effecting, in whole or in part, the transmission of any communication; or (ii) any communication network in which that apparatus is comprised; (d) identifying the data or other data as data comprised in or attached to a particular communication; or (e) identifying a computer file or a computer programme, access to which is obtained or which is run by means of the communication, to the extent only that the file or the programme is identified by reference to the apparatus in which it is stored, and a reference to traffic data being attached to a communication includes a 11 reference to the data and the communication being logically associated with each other.