Review of The Electronic Transaction Ordinance: Can The Personal Identification Number Replace The Digital Signature?

Abstract

In a recent consultation document, the Information Technology and Broadcasting Bureau proposed that personal identification numbers (PINs) be accepted as a form of signature for the purposes of the Electronic Transactions Ordinance (ETO) (Cap 553). This article explains why this proposal is fundamentally flawed. The article identifies three basic requirements for a signature and examines whether they are satisfied by digital signatures and PINs. It concludes that while a digital signature has built into it all the elements necessary for compliance with the requirements, a PIN can only be used for the purpose of authorisation and cannot be elevated to the status of a signature as required by the ETO.