Electronic Communication Act 2022

14 & 15 Max. c. 2

An Act to make further provision for the transaction of public business by electronic means; and for related purposes.

[3 June 2022]

Be it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords and Commons in Parliament assembled, and by the authority of the same, as follows:

1. The Electronic Communication Commissioner

There shall be an officer known as the Electronic Communication Commissioner, who shall be appointed by His Majesty and hold office during his pleasure.

2. Establishment and designation of facilties

The Commissioner may establish Internet-based facilities for any of the following purposes, and His Majesty may by Order in Council designate any such facility to be used for any of those purposes:

(a) the transaction of the business of either House of Parliament, a court of law or any other public body;

(b) the performance of the functions of any public officer;

(d) the taking of oaths and the swearing of affidavits;

(e) the execution and registration of deeds, wills and other documents of a legal character;

(f) the authentication of documents generally;

(g) the service of documents and the making of personal communications; and

(h) the payment of money.

3. Maintenance and security of facilities

(1) The Commissioner shall ensure that every designated facility—

(a) is fit for the purpose for which it is designated and is maintained in good order;

(b) is, so far as is practicable, accessible to all persons who may have occasion to use it; and

(c) employs effective procedures to confirm the identity of any user of the facility, by means of passwords or other appropriate measures, and to prevent impersonation in connection with the use of the facility.

(2) For the purpose of the use of a designated facility, knowledge of the password pertaining to a person is sufficient evidence of that person’s identity.

4. Validity of transactions by means of facilities

Anything done by means of a designated facility by a person whose identity is confirmed as provided in section 3 is as valid and effectual as if it had been done in person or by any other lawful means.

5. Automated performance of functions

A designated facility may provide for the automated performance of any function which does not involve the exercise of discretion by the person performing it.

6. Authentication of documents

The authentication of a document by means of a facility designated under section 2(f) is as valid and effectual as such authentication by means of sealing, signature or any other lawful means.

7. Service of documents etc.

Where a document is to be served, notice is to be given or any other communication is to be made, the service, notice or communication may be effected by means of electronic mail or of a facility designated under section 2(g).

8. Legal tender

Money in the currency of the Kingdom of Æfira paid by means of a facility designated under section 2(h) is legal tender in payment of all debts.

9. Electronic mailing addresses

(1) His Majesty may by Order in Council require any person holding such public offices as may be specified in the Order to provide the Commissioner with—

(a) his or her electronic mailing address; or

(b) if there is no such address, such other means of communication as may be specified—

and to inform the Commissioner of any change thereof; and the Commissioner shall record those addresses in such manner as may be specified.

(2) The Commissioner shall permit those addresses to be used only for the purpose of necessary communication with their holders in the course of public business, and shall ensure that the addresses are not otherwise disclosed to any person nor their holders’ privacy unduly infringed.

10. Freedom of information

Any computer code or other information pertaining to a designated facility is exempted under Part VI of the Freedom of Information Act 2008 to the extent to which its publication would be likely to prejudice the integrity, security or functionality of the facility or to facilitate impersonation by means thereof.

11. Offense of violation of secrecy

(1) The Commissioner, or a person acting on his or her behalf, is guilty of a misdemeanor if he or she attempts to ascertain (otherwise than as necessary in performing his or her functions under this Act), or discloses, a password pertaining to another person.

(2) A person assisting another person in using a designated facility is guilty of a misdemeanor if he or she attempts to ascertain (otherwise than as necessary in providing that assistance), or discloses, a password pertaining to the other person.

(3) A person is guilty of a misdemeanor if he or she knowingly makes a false statement, or otherwise deceives another person, for the purpose of inducing any person to disclose a password pertaining to the other person.

(4) A person is guilty of a felony if he or she uses violence, threats, intimidation or coercion for the purpose of inducing another person to disclose a password pertaining to the other person.

(5) A person is guilty of a felony if he or she uses violence, threats or intimidation, or subjects another person to any disadvantage or detriment, in consequence of any person’s not having disclosed a password pertaining to the other person.

12. Offense of impairment of facility

A person is guilty of a misdemeanor if he or she destroys, damages or impairs the operation of a designated facility.

13. Offense of impersonation

A person is guilty of a misdemeanor if he or she willfully impersonates another person (including a deceased or fictitious person) in connection with the use of a designated facility.

14. Interpretation

In this Act,—

“the Commissioner” means the Electronic Communication Commissioner;

“designated facility” means an Internet-based facility designated by Order in Council under section 2; and

“password” includes any personal information used or to be used to confirm the identity of a user of a designated facility as provided in section 3(1)(c).

15. Consequential amendments and repeals

(1) In section 2 of the Foreign Office Act 2007, the words “absent from the Realm or otherwise” are omitted.

(2) In section 11 of Part IV of the Criminal Offenses Act 2008, after “documents” there is inserted “(including documents in electronic form)”.

(3) In section 4(c) of Part I of the Freedom of Information Act 2008,—

(a) after subparagraph (iii) there is inserted “or”; and

(b) for subparagraphs (iv) and (v) there is substituted—

(iv) sufficient information to enable the body to communicate with the applicant by means of a facility designated for that purpose under the Electronic Communication Act 2022.

(4) In section 1 of the House of Commons Resignation Act 2009, for “in the Member’s own hand” there is substituted “by the Member”.

(5) In section 6 of the Parliament Act 2015,—

(a) in the heading, for “Act 2009” there is substituted “Acts 2009–2022”; and

(b) after “the Electronic Communication Act 2009” there is inserted “, or by means of a facility designated for that purpose under the Electronic Communication Act 2022”.

16. Short title and collective citation

(1) This Act may be cited as the Electronic Communication Act 2022.

(2) The Electronic Communication Act 2009 and this Act may be cited together as the Electronic Communication Acts 2009–2022.