(2)
The subscriber or any person in charge of the computer resources shall, when called upon by any agency
which has been directed under subsection (1), extend all facilities and technical assistance to decrypt the
information.
(3)
The subscriber or any person who fails to assist the agency referred to in subsection (2) shall be guilty of
an offence and liable to imprisonment for seven years.
46.(1) The Controller may, by notification in the Official Gazette, declare that any computer, computer system
or computer network is a protected system.
(2)
The Controller may, by order in writing, authorise the persons who may access a protected system
notified under subsection (1).
(3)
Any person who secures access or attempts to secure access to a protected system without being
authorised under this section shall be guilty of an offence and liable on conviction to imprisonment for two years
and to a fine of Rs.10,000.
Penalty for misrepresentation
47.
Whoever makes any misrepresentation to, or suppresses any material fact from, the Controller or the
Certifying Authority for obtaining any licence or Digital Signature Certificate as the case may be, shall he guilty
of an offence and liable on conviction to imprisonment for two years and to a fine of Rl0,000.
Penalty for breach of confidentiality and privacy
48.
Save as otherwise provided in this Act or any other law for the time being in force, any person who, in
pursuance the powers conferred under this Act or regulations made thereunder, secures access to any electronic
record, book, register, correspondence, information, document or other material and without the consent of the
person concerned discloses such electronic record, book, register, correspondence, information, document or
other material to any other person shall be guilty of an offence and liable on conviction to imprisonment for five
years and to a fine of R10,000.
Penalty for publishing Digital Signature Certificate false in certain Particulars
49.(l) No person shall publish a Digital Signature Certificate or otherwise make it available to any other person
with the knowledge that (a)
the Certifying Authority listed in the certificate has not issued it; or
(b)
the subscriber listed in the certificate has not accepted it; or
(c)
the certificate has been revoked or suspended.
Unless such publication is for the purpose of verifying a digital signature created prior to such suspension or
revocation.
(2)
Any person who contravenes the provisions of subsection (1) shall be guilty of an offence and liable on
conviction to imprisonment for two years and to a fine of R10,000.
15