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Table of Contents
Regulation of Interception of Communications and Provision of Communication-Related Information Act, 2002 (Act 70 of 2002)
Preamble
Chapter 1 : Introductory Provisions
1. Definitions and interpretation
Chapter 2 : Prohibition of interception of communications and provision of real-time or arc
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
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 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 direction or oral entry warrant
24. Reports on progress
25. Cancellation of direction, entry warrant, oral direction or oral entry warrant
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
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 electronic communication 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 secion 3 of Act 42 of 1999
62. Repeal of law and transitional arrangements
62A. Determination of tariffs
62B. Information to be provided to customers
62C. Keeping of information by juristic persons and persons who lease SIM-cards
63. Short title and commencement
Schedule
1. Serious Offences
Government Notices
No.R. 1263 of 2005 - Notice in terms of Section 44(1)(a)
No.R. 1263 of 2005 - Notice in terms of Section 44(1)(a)
No. 1325 of 2005 - Directives - Telecommunications Service Providers
Introduction
Schedule A : Directive for Fixed Line Operators
Part 1 : Introductory Provisions
1. Definitions
2. Application
3. Statement of General Duties
Part 2 : Interception of Indirect Communications
4. General requirements in respect of interception
5. Unchanged state of service
6. Security requirements for interception
7. Technical and functional requirements in respect of Interception
Part 3 : Routing, Provision and Storing of Real-Time Communication-Related Information
8. General requirements in respect of real-time
9. Routing and content of additional real-time communication-related information during active intercept or in respect of future information
10. Routing, recording, storing and content of real-time communication-related information already available
11. Security requirements in respect of real-time communication-related information
12. Technical and functional requirements in respect of real time communication-related information
Part 4 : Routing, Provision and Storing of Archived Communication-Related Information
13. General requirements in respect of archived communication-related information
14. Content of archived communication-related information
15. Security requirements in respect of archived communication-related information
16. Technical and functional requirements in respect of archived communication-related information
Part 5 : Storage Period for Communication-Related Information
17. Period for which communication-related information must be stored
Part 6 : Detailed Security, Functional and Technical Requirements of the Facilities and Devices for lawful interception
18. Facilities and Devices
19. Security Requirements
20. Functional Requirements
21. Technical Requirements
Schedule B : Directive for Mobile Cellular Operators
Part 1 : Introductory Provisions
1. Definitions
2. Application
3. Statement of general duties
Part 2 : Interception of Indirect Communications
4. General requirements in respect of interception
5. Unchanged state of service
6. Security requirements for interception
7. Technical and functional requirements in respect of interception
Part 3 : Routing, Provision and Storing of Real-Time Communication-Related Information
8. General requirements in respect of real-time communication-related information
9. Routing and content of additional real-time communication-related information during active intercept or in respect of future information
10. Routing, recording, storing and content of real-time communication-related information already available
11. Security requirements in respect of real-time communication-related information
12. Technical and functional requirements in respect of real-time communication-related information
Part 4 : Routing, Provision and Storing of Archived Communication-related information
13. General requirements in respect of archived communication-related information
14. Content of archived communication-related information
15. Security requirements in respect of archived communication-related information
16. Technical and functional requirements in respect of archived communication-related information
Part 5 : Storage Period for Communication-Related Information
17. Period for which communication-related information must be stored
Part 6: Detailed Security, Functional and Technical Requirements of the Facilities and Devices
18. Facilities and Devices
19. Security Requirements
20. Functional Requirements
21. Technical Requirements
Schedule C : Directive for Internet Service Providers
Part 1 : Introductory Provisions
1. Definitions
2. Application
3. Statement of General Duties
Part 2 : Interception of Indirect Communications
4. General requirements in respect of interception
5. Unchanged state of service
6. Security requirements for interception
7. Technical and functional requirements in respect of interception
Part 3: Detailed Security, Functional and Technical Requirements of the Facilities and Devices
8. Facilities and Devices
9. Security Requirements
10. Functional Requirements
11. Technical Requirements
No. R. 92 of 2009 -Notice in Terms of Section 31
Notice in Terms of Section 31
1. Definitions
2. Forms of assistance and compensation
No. R. 93 of 2009 - Mobile Cellular Operators
1. Definitions
2. Forms of assistance and compensation
No. 39 of 2009 - Commencement of Amendment Act
Commencement of The Regulation of Interception of Communications
No. 1121- Determination in Terms of Section 62A
Determination in Terms of Section 62A
No. 198 of 2010 - Notice in terms of Section 31
Notice in terms of Section 31- Postal Service Providers
Certificate of Exemption in terms of Section 46(3) of the Act - South African Police Service
Notice No. R. 3424 of 2023
Part l - Definitions
Part ll - Conditions of exemption
Part lll - Categories of listed equipment and scope of exemption
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