[Chapter 11:20]
Interception of Communications Act
No. 6/2007
(2) A notice under this section imposing a disclosure requirement in respect of any
protected information must—
(a) be in writing; and
(b) describe the protected information to which the notice relates; and
(c) specify why the protected information is required; and
(d) specify a reasonable time by which the notice is to be complied with; and
(e) set out the disclosure that is required by the notice and the form and manner in which it
is to be made.
(3) A notice under this section shall not require the making of any disclosure to any person
other than—
(a) the person giving the notice; or
(b) such other person as may be specified in or under the notice.
(4) A person to whom a notice has been given in terms of this section and who is in
possession of both the protected information and the key thereto must—
(a) use any key in his or her possession to provide access to the information;
(b) in providing such information, make a disclosure of the information in an intelligible
form.
(5) If a person to whom a notice has been given is in possession of different keys, or
combinations of keys, to the protected information—
(a) it shall not be necessary for purposes of complying with the notice for the person given
notice to disclose any keys in addition to those the disclosure of which, alone, are
sufficient to enable the authorised person to obtain access to the protected information
and to put it in an intelligible form;
(b) the person given notice may select which of the keys or combination of keys may be
used for complying with the notice.
(6) If a person to whom a notice has been given—
(a) has been in possession of any key to the protected information, but no longer
possesses it; and
(b) has information that will facilitate the obtaining or discovery of the key to protected
information;
he or she must disclose the information referred to in paragraph (b) to the authorised person.
(7) An authorised person to whom a key has been disclosed under this section must—
(a) use the key only in respect of the protected information, and in the manner and for the
purposes specified in the notice; and
(b) on or before the expiry of the period or extended period for which the notice has been
issued, destroy all records of the disclosed key if, in the opinion of the authorised
person—
(i) no criminal proceedings or civil proceedings will be instituted in connection
with such records; or
(ii) such records will not be required for any criminal or civil proceedings.
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