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

Chapter 2 : Prohibition of interception of communications and provision of real-time or archived communication related information and exceptions

Part 1 : Prohibition of interception of communications and exceptions

8. Interception of communication for purposes of determining location in case of emergency

 

(1) In circumstances where—
(a) a person is a party to a communication;
(b) that person, as a result of information received from another party to the communication (in this section referred to as the "sender"), has reasonable grounds to believe that an emergency exists by reason of the fact that the life of another person, whether or not the sender, is being endangered or that he or she is dying or is being or has been seriously injured or that his or her life is likely to be endangered or that he or she is likely to die or to be seriously injured; and
(c) the location of the sender is unknown to that person, the person referred to in paragraph (a) may, if he or she is—
(i) a law enforcement officer, and if he or she is of the opinion that determining the location of the sender is likely to be of assistance in dealing with the emergency, orally request, or cause another law enforcement officer to orally request, the telecommunication service provider concerned to—
(aa) intercept any communication to or from the sender for purposes of determining his or her location; or
(bb) determine the location of the sender in any other manner which the telecommunication service provider deems appropriate; or
(ii) not a law enforcement officer, inform, or cause another person to inform, any law enforcement officer of the matters referred to in paragraphs (a), (b) and (c).

 

(2) A law enforcement officer who has been informed as contemplated in subsection (1)(ii), may, if he or she is of the opinion that determining the location of the sender is likely to be of assistance in dealing with the emergency, orally request, or cause another law enforcement officer to orally request, the telecommunication service provider concerned to act as contemplated in subsection (1)(i)(aa) or (bb).

 

(3) A telecommunication service provider must, upon receipt of a request made to him or her in terms of subsection (1)(i) or (2)—
(a) intercept any communication to or from the sender for purposes of determining his or her location; or
(b) determine the location of the sender in any other manner which the telecommunication service provider deems appropriate, and if the location of the sender has been so determined, the telecommunication service provider concerned must, as soon as practicable after determining that location, provide the law enforcement officer who made the request with the location of the sender and any other information obtained from that interception which, in the opinion of the telecommunication service provider concerned, is likely to be of assistance in dealing with the emergency.

 

(4) The law enforcement officer who made a request under subsection (1)(i) or (2) must—
(a) as soon as practicable after making that request, furnish the telecommunication service provider concerned with a written confirmation of the request which sets out the information given by that law enforcement officer to that telecommunication service provider in connection with the request;
(b) as soon as practicable after making that request, furnish a designated judge with a copy of such written confirmation; and
(c) if the location of the sender and any other information has been provided to him or her in terms of subsection (3), as soon as possible after receipt thereof, submit to a designated judge an affidavit setting forth the results and information obtained from that interception.

 

(5) A telecommunication service provider who has taken any of the steps contemplated in subsection (3), must, as soon as practicable thereafter, submit to a designated judge—
(a) an affidavit setting forth the steps taken by that telecommunication service provider in giving effect to the request concerned and the results and information obtained from such steps; and
(b) if such steps included the interception of an indirect communication, any recording of that indirect communication that has been obtained by means of that interception, any full or partial transcript of the recording and any notes made by that telecommunication service provider of that indirect communication.

 

(6) A designated judge must keep all written confirmations and affidavits and any recordings, transcripts or notes submitted to him or her in terms of subsections (4)(b) and (c) and (5), or cause it to be kept, for a period of at least five years.

 

 


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