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Regulation of Interception of Communications and Provision of Communication-Related Information Act, 2002 (Act 70 of 2002)

Government Notices

Certificate of Exemption in terms of Section 46(3) of the Act - South African Police Service

Part lll - Categories of listed equipment and scope of exemption

 

Categories of listed equipment and scope of exemption

 

Item 1

 

Column I

Categories of listed equipment

Column II

Scope of exemption

(a) Hardware keystroke recorders which record keystrokes of a keyboard of a computer device and either store the recorded information, or make the recorded information available to a preselected IP-address.

 

(b) Night vision and thermal imaging apparatus.

 

(c) Wiretaps used for the interception of indirect communications during the course of its transmission over a fixed systems (circuit- and packet- switched) electronic communications network (telephone communications).

 

(d) Electronic amplified microphones that can be used to intercept direct communications with an effective interception range of less than 700 meters.

 

(e) Laser interception devices that can be used to intercept direct communications with an effective interception range of less than 700 meters.

 

(f) Miniature radio frequency transmitters that can be used to intercept direct communications.

 

(g) Miniature recording devices that can be used to intercept direct communications.

 

(h) Miniature video/audio cameras which—
(i) record and store video/audio; or
(ii) transmit video/audio.

 

(i) Miniature cameras which—
(i) record and store photographic images; or
(ii) transmit photographic images.

 

(j) Transmitters which can be used to monitor the location of a person or an object.

 

(k) Any equipment that is reasonably necessary to be used with the equipment listed as items (a) to (j).

 

(l) Any component of the equipment listed as items (a) to (k).

 

(m) Any software that is necessary for the effective operation of the equipment listed as items (a) to (k).

The South African Police Service is exempted from the prohibited acts, contemplated in section 45(1) of the Act, of possessing, purchasing, manufacturing and assembling of the equipment listed as items (a) to (m) in Column I.

 

Item 2

 

Column I

Categories of listed equipment

Column II

Scope of exemption

(a) IMSI-catchers whose hardware and software configurations restrict its use to the intercept communication-related information.

 

(b) Any component of an IMSI-catcher contemplated in item (a).

 

(c) Any equipment, and any component thereof that is reasonably necessary to be used with an IMSI-catcher contemplated in paragraph in (a).

 

(d) Any software that is necessary for the effective operation of—
(i) an IMSI-catcher contemplated in item (a); or
(ii) any equipment that is reasonably necessary to be used with an IMSI-catcher contemplated in item (a).

The South African Police Service is exempted from the prohibited acts contemplated in section 45(1) of the Act, of—

(i) possessing and purchasing of the equipment listed as items (a) to (d) in Column I; and
(ii) the assembling of the equipment listed as items (a) to (c), including the installation of the software listed in item (d) on the equipment listed as items (a) to (c), in Column I.