No. 33
47
Electronic Transactions
(5) A public body shall maintain electronic records in a reliable
record keeping system as defined in regulations made under this
Act.
81. The Department of E-government shall, for the purposes of
section 80, from time to time, publish guidelines specifying__
(a) the manner and format in which the electronic message
shall be filed, created or retained;
(b) the manner and format in which the permit, licence or
approval shall be issued;
(c) where the electronic message has to be signed, the type of
digital signature required;
(d) the manner and format in which the digital signature shall
be attached to or incorporated into the electronic message;
(e) the appropriate control process and the procedure to ensure
adequate integrity, security and confidentiality of an electronic
messages or a payment; and
(f) any other requirements in respect of the electronic message
or payment.
82. The application of the provisions of this Part shall be
subject to the adoption of necessary regulations made by the
Minister, which shall establish__
(a) the legal framework to ensure security, storage, confidentiality and integrity of acts and exchanges done by electronic
means; and
(b) the legal framework to ensure confidentiality of personal
data and guaranteeing inviolability of private life.
PART X__OFFENCES
83.__(1) A court may, on application by a cyber inspector, issue a
search warrant.
(2) For the purposes of this section, a court may issue a warrant
where__
(a) an offence has been committed in Malawi; or
(b) the subject of an investigation is__
(i) a Malawian or a person ordinarily resident in Malawi;
(ii) present in Malawi at the time when the warrant is applied
for; or
(iii) information relevant to an investigation is accessible
from within the area of jurisdiction of the court.
Specific
guidelines to
public bodies
Implementation of
e-government
Search
warrant