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South Africa
NATIONAL LEGISLATION OVERVIEWS
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Regulation of Interception of Communications and Provision of Communication-related Information Act, No. 70 of 2002

Long title


To regulate the interception of certain communications, the monitoring of certain signals and radio frequency spectrums and the provision of certain communication-related information; to regulate the making of applications for, and the issuing of, directions authorising the interception of communications and the provision of communication-related information under certain circumstances; to regulate the execution of directions and entry warrants by law enforcement officers and the assistance to be given by postal service providers, telecommunication service providers and decryption key holders in the execution of such directions and entry warrants; to prohibit the provision of telecommunication services which do not have the capability to be intercepted; to provide for certain costs to be borne by certain telecommunication service providers; to provide for the establishment of interception centres, the Office for Interception Centres and the Internet Service Providers Assistance Fund; to prohibit the manufacturing, assembling, possessing, selling, purchasing or advertising of certain equipment; to create offences and to prescribe penalties for such offences; and to provide for matters connected therewith.

Table of contents

SECTION TITLE

ARRANGEMENT OF SECTIONS

CHAPTER 1. INTRODUCTORY PROVISIONS
1. Definitions and interpretation

CHAPTER 2. PROHIBITION OF INTERCEPTION OF COMMUNICATIONS AND PROVISION OF REAL-TIME OR ARCHIVED COMMUNICATION -RELATED IN FORMATION AND EXCEPTIONS

Part 1. Prohibition of interception of communications and exceptions
2. Prohibition of interception of communication
3. Interception of communication under interception direction
4. Interception of communication by party to communication
5. Interception of communication with consent of party to communication
6. Interception of indirect communication in connection with carrying on of business
7. Interception of communication to prevent serious bodily harm
8. Interception of communication for purposes of determining location in case of emergency
9. Interception of communications authorised by certain other Acts
10. Monitoring of signal for purposes of installation or maintenance of equipment, facilities or devices
11. Monitoring of signal and radio frequency spectrum for purposes of managing radio frequency spectrum

Part 2. Prohibition of provision of real-time or archived communication-related information and exceptions
12. Prohibition of provision of real-time or archived communication-related information
13. Provision of real-time or archived communication-related information under real-time communication-related direction or archived communication-related direction
14. Provision of real-time or archived communication-related information upon authorisation by customer
15. Availability of other procedures for obtaining real-time or archived communication related information

CHAPTER 3. APPLICATIONS FOR, AND ISSUING OF, DIRECTIONS AND ENTRY WARRANTS
16. Application for, and issuing of, interception direction
17. Application for, and issuing of, real-time communication-related direction
18. Combined application for, and issuing of, interception direction, real-time communication-related direction and archived communication-related direction or interception direction supplemented by real-time communication related direction
19. Application 'for, and issuing of, archived communication-related direction
20. Amendment or extension of existing direction
21. Application for, and issuing of, decryption direction
22. Application for, and issuing of, entry warrant
23. Oral application for, and issuing of, direction, entry warrant, oral direction or oral entry warrant
23A.Disclosure that the person in respect of whom a direction, extension of a direction or entry warrant is sought is a journalist or practising lawyer [...inserted by Constitutional Court Case under its remedial powers in Case 2021_003 that declared Act 2002_070_000 partially unconstitutional, suspended for 36 months from 2021/02/04]
24. Reports on progress
25. Cancellation of direction, entry warrant, oral direction or oral entry warrant
25A.Post-surveillance notification [...inserted by Constitutional Court Case under its remedial powers in Case 2021_003 that declared Act 2002_070_000 partially unconstitutional, suspended for 36 months from 2021/02/04]

CHAPTER 4. EXECUTION OF DIRECTIONS AND ENTRY WARRANTS
26. Execution of direction
27. Execution of entry warrant
28. Assistance by postal service provider and telecommunication service provider
29. Assistance by decryption key holder

CHAPTER 5. INTERCEPTION CAPABILITY AND COMPENSATION
30. Interception capability of telecommunication services and storing of communication-related information
31. Compensation payable to postal service provider, telecommunication service provider and decryption key holder

CHAPTER 6. INTERCEPTION CENTRES, OFFICE FOR INTERCEPTION CENTRES AND INTERNET SERVICE PROVIDERS ASSISTANCE FUND
32. Establishment of interception centres
33. Establishment of Office for Interception Centres
34. Director and staff of Office
35. Powers, functions and duties of Director
36. Head and staff of interception centres
37. Keeping of records by heads of interception centres and submission of reports to Director
38. Establishment and control of Internet Service Providers Assistance Fund

CHAPTER 7. DUTIES OF TELECOMMUNICATION SERVICE PROVIDER AND CUSTOMER
39.. Information to be obtained and kept by certain telecommunication service providers
40. Information to be obtained and kept by electronic communication service provider who provides a mobile cellular electronic communications service [...Title amended by Act 2008_048_002_20090109 - was entitled "Information to be obtained and kept in respect of cellular phone and SIM-card"]
41. Loss, theft or destruction of cellular phone or SIM-card to be reported

CHAPTER 8. GENERAL PROHIBITIONS AND EXEMPTIONS
42. Prohibition on disclosure of information
43. Disclosure of information by authorised person for performance of official duties
44. Listed equipment
45. Prohibition on manufacture, possession and advertising of listed equipment
46. Exemptions

CHAPTER 9. CRIMINAL PROCEEDINGS, OFFENCES AND PENALTIES
47. Use of information in criminal proceedings
48. Proof of certain facts by certificate
49. Unlawful interception of communication
50. Unlawful provision of real-time or archived communication-related information
51. Offences and penalties
52 Failure to give satisfactory account of possession of cellular phone or SIM-card
53. Absence of reasonable cause for believing cellular phone or SIM-card properly acquired
54. Unlawful acts in respect of telecommunication and other equipment
55. Failure to report loss, theft or destruction of cellular phone or SIM-card and presumption
56. Revoking of licence to provide telecommunication service
57. Forfeiture of listed or other equipment

CHAPTER 10. GENERAL PROVISIONS
58. Supplementary directives regarding applications
59. Amendment of section 205 of Act 51 of 1977, as substituted by section 11 of Act 204 of 1993
60. Amendment of section 11 of Act 140 of 1992
61. Amendment of section 3 of Act 40 of 1994, as amended by section 3 of Act 31 of 1995 and section 3 of Act 42 of 1999
62. Repeal of law and transitional arrangements
62A. Determination of tariffs [...inserted by Act 2008_048_005_20090109]
62B. Information to be provided to customers [...inserted by Act 2008_048_005_20090109]
62C. Keeping of information by juristic persons and persons who lease SIM-cards [...inserted by Act 2008_048_005_20090109]
63. Short title and commencement
Sch.1 SCHEDULE I. [s1] [...relabeled by Act 2020_019_058_20210601 - was labeled "Schedule (Section 1)"] 
Sch. 2SCHEDULE II. [s1] [..inserted by Act 2020_019_058_20210601] 

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