National Small Business Act, 1996 (Act 102 of 1996)
R 385
Cybercrimes Act, 2020 (Act No. 19 of 2020)Chapter 4 : Powers to Investigate, Search, Access or Seize45. Obtaining and using publicly available data or receiving data from person who is in possession of data |
A police official may, without being specifically authorised thereto in terms of this Chapter, for the purposes of investigating any offence or suspected offence in terms of Part I or Part II of Chapter 2 or any other offence or suspected offence in terms of the laws of the Republic, which may be committed by means of, or facilitated through the use of, an article—
| (a) | receive, obtain or use publicly available data regardless of where the data is located geographically; or |
| (b) | receive and use non-publicly available data, regardless of where the data is located geographically, if a person who is in control of, or possesses the data, voluntarily and on such conditions regarding confidentiality and limitation of use which they deem necessary, discloses the data to a police official. |
