[Chapter 11:20]
Interception of Communications Act
No. 6/2007
(8) A person who fails to make the disclosure required by the notice issued under this
section shall be guilty of an offence and liable to a fine not exceeding level fourteen or to
imprisonment for a period not exceeding five years or to both such fine and such imprisonment.
12 Interception capability of telecommunication service
(1) Notwithstanding any other law, a telecommunication service provider shall—
(a) provide a telecommunication service which has the capability to be intercepted; and
(b) store call-related information in accordance with a directive issued under subsection
(2).
(2) The Authority shall, after consultation with the Minister, within two months after the
date of commencement of this Act, issue a directive to telecommunication service providers
specifying—
(a) the manner in which effect is to given to subsection (1) by every telecommunication
service provider; and
(b) the security, technical and functional features of the facilities and devices to be
acquired by every telecommunication service provider to enable—
(i) the interception of communications in terms of this Act; and
(ii) the storing of call-related information;
and
(c) the period within which the directive must be complied with.
(3) A directive referred to in subsection (2) must specify—
(a) the capacity and technical features of the devices or systems to be used for interception
purposes;
(b) the connectivity of the devices or systems to be used for interception purposes with the
monitoring centre;
(c) the manner of routing intercepted information to the monitoring centre;
(d) any other relevant matter which the Authority deems necessary or expedient.
(4) A telecommunication service provider shall, at his or her own expense, acquire the
facilities and devices specified in a directive issued in terms of subsection (2).
(5) Subject to section 13, any cost incurred by a telecommunication service provider under
this Act for the purpose of
(a) enabling—
(i) a telecommunication service to be intercepted; and
(ii) call-related information to be stored;
and
(b) complying with section 9;
shall be borne by the telecommunication service provider.
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