[Paragraph (1)(a) substituted by section 2(a) of Act No. 11 of 2013]
[Subparagraph(1)(a)(i) substituted by section 2(b) of Act No. 11 of 2013]
| (b) |
to fulfil the national counter-intelligence responsibilities and for this purpose to conduct and co-ordinate counter-intelligence and to gather, correlate, evaluate, analyse and interpret information regarding counter-intelligence in order to— |
| (i) |
identify any threat or potential threat to the security of the Republic or its people; |
| (ii) |
inform the President of any such threat; |
| (iii) |
supply (where necessary) intelligence relating to any such threat to the South African Police Service for the purposes of investigating any offence or alleged offence; and |
| (iv) |
supply intelligence relating to any such threat to the Department of Home Affairs for the purposes of fulfilment of any immigration function; and |
[Subparagraph (1)(b)(iv) inserted by section 2(a) of Act No. 67 of 2002]
| (ivA) |
supply intelligence relating to any such threat to any other department of State for the purposes of fulfilment of its departmental functions; and |
[Subparagraph (1)(b)(ivA) inserted by section 2(c) of Act No. 11 of 2013]
| (c) |
to gather departmental intelligence at the request of any interested department of State, and, without delay to evaluate and transmit such intelligence and any other intelligence at the disposal of the Agency and which constitutes departmental intelligence, to the department concerned and to Nicoc. |
[Paragraph (1)(c) substituted by section 2(a) of Act No. 37 of 1998]
| (2) |
It shall, subject to section 3, also be the functions of the Agency— |
| (a) |
to gather, correlate, evaluate and analyse foreign intelligence, excluding foreign military intelligence, in order to— |
| (i) |
identify any threat or potential threat to the security of the Republic or its people; |
| (b) |
in the prescribed manner, and in regard to communications and cryptography— |
| (i) |
to identify, protect and secure critical electronic communications and infrastructure against unauthorised access or technical, electronic or any other related threats; |
| (ii) |
to provide cryptographic and verification services for electronic communications security systems, products and services used by organs state; |
| (iii) |
to provide and coordinate research and development with regard to electronic communications security systems, products and services and any other related services; |
[Paragraph (2)(b) substituted by section 2(e) of Act No. 11 of 2013]
| (c) |
to liaise with intelligence or security services or other authorities, of other countries or inter-government forums of intelligence or security services; |
[Paragraph (2)(c) substituted by section 2(e) of Act No. 11 of 2013]
| (d) |
to train and support users of electronic communications systems, product and related services; |
[Paragraph (2)(d) inserted by section 2(f) of Act No. 11 of 2013]
| (e) |
to develop, design, procure, invent, install or maintain secure electronic communications systems or products and do research in this regard; and |
[Paragraph (2)(e) inserted by section 2(f) of Act No. 11 of 2013]
| (f) |
to cooperate with any organisation in the Republic or elsewhere to achieve its objectives. |
[Paragraph (2)(f) inserted by section 2(f) of Act No. 11 of 2013]
[Subsection (2) substituted by section 2(d) of Act No. 11 of 2013]
| (2A) |
When performing any function referred to in subsection 2(b) the Agency is exempted from any licensing requirement contemplated in— |
| (a) |
the Broadcasting Act, 1999 (Act No. 4 of 1999); and |
| (b) |
the Electronic Communications Act, 2005 (Act No. 36 of 2005). |
[Subsection (2A) inserted by section 2(g) of Act No. 11 of 2013]
| (3) |
It shall be the function of the South African Police Service, subject to section 3— |
| (a) |
to gather, correlate, evaluate and use crime intelligence in support of the functions of the South African Police Service as contemplated in section 215 of the Constitution; and |
| (b) |
to institute counter-intelligence measures within the South African Police Service, in order to supply crime intelligence relating to national strategic intelligence to Nicoc. |
| (4) |
The National Defence Force shall, subject to section 3— |
| (a) |
gather, correlate, evaluate and use foreign military intelligence, and supply foreign military intelligence relating to national strategic intelligence to Nicoc, but the National Defence Force shall not gather intelligence of a non-military nature in a covert manner; |
| (b) |
gather, correlate, evaluate and use domestic military intelligence excluding covert collection, except when employed for service referred to in section 227(1)(e) of the Constitution and under conditions set out in section 3(2) of this Act, and supply such intelligence to Nicoc; and |
| (c) |
institute counter-intelligence measures within the National Defence Force. |
Protection of Personal Information Act, 2013
