Revised Laws of Saint Lucia (2021)

2.   Interpretation

In this Act—

“addressee” in relation to an electronic communication, means a person who is intended by the originator to receive the electronic communication, but does not include a person acting as an intermediary with respect to that electronic communication;

“consumer” in relation to—

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   (a)     goods, means any person who acquires or wishes to acquire goods for his or her own private use or consumption;

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   (b)     services, means any person who employs or wishes to be provided with the services otherwise than for the purposes of any business of that person;

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   (c)     any accommodation, means any person who wishes to occupy the accommodation otherwise than for the purposes of any business of that person;

“electronic” includes electrical, digital, magnetic, optical, electromagnetic, biometric and photonic;

“electronic communication” means information generated, communicated, processed, sent, received, recorded, stored, or displayed by electronic means;

“electronic signature” —

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   (a)     means information that is—

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      (i)     contained in, attached to or logically associated with, an electronic document, and

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      (ii)     used by a signatory to indicate his or her adoption of the content of that document;

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   (b)     does not include any signature produced by a facsimile machine or by an electronic scanning device;

“encrypted signature” means an electronic signature that is encrypted by means of a private key or other encrypted signature creation device;

“encrypted signature creation device” means unique data, including codes or private cryptographic keys, or a uniquely configured physical device, used by a signatory in creating an encrypted signature;

“information” includes information, whether in its original form or otherwise, that is in the form of a document, a signature, a seal, data, text, images, sound or speech;

“information system” means a system for generating, producing, sending, receiving, recording, processing, storing, displaying, or otherwise processing electronic communications;

“information technology” means the capability to input, process, store, output, transmit, and receive data and information as well as the ability to control machines of all kinds, electronically;

“intermediary” with respect to an electronic communication, means a person who, on behalf of another person, sends, receives or stores that electronic communication or provides other services with respect to that electronic communication;

“legal requirement” means a requirement specified in a law in force in Saint Lucia;

“Minister” means the Minister responsible for Information;

“originator” in relation to an electronic communication, means a person by whom, or on whose behalf, the communication purports to have been sent or generated prior to storage, but does not include a person acting as an intermediary with respect to that communication;

“public body” includes—

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   (a)     a Minister, ministry or department of the Government;

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   (b)     a Court;

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   (c)     a body exercising statutory authority, of a legislative, executive or judicial nature; and

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   (d)     a sub-national or local public authority, including a municipality;

“Regulations” means Regulations made under section 48;

“signatory” means a person who by means of an encrypted signature creation device has, whether acting himself or herself or through another person, or an automated communications device, acting on his or her behalf, affixed his or her encrypted signature to an electronic document;

“transaction” includes—

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   (a)     a transaction of a non-commercial nature;

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   (b)     a single communication; and

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   (c)     the outcome of multiple related communications.