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(4)
Any person who is found in possession of personal information or
financial information of another person in regard to which there is a reasonable
suspicion that such personal information or financial information—
(a)
was acquired, is possessed, or is to be provided to another person for purposes
of committing an offence under this Act; or
(b)
was used or may be used to commit an offence under this Act,
and who is unable to give a satisfactory exculpatory account of such possession, is
guilty of an offence.
(5)
Any person who contravenes the provisions of subsection (1), (2) or
(4) is liable, on conviction to a fine not exceeding R5 million or to imprisonment for a
period not exceeding 5 years or to both such fine and imprisonment.
(6)
Any person who contravenes the provisions of subsection (3) is
liable, on conviction to a fine not exceeding R10 million or to imprisonment for a period
not exceeding 10 years or to both such fine and imprisonment.
(7)
(a)
For purposes of this section—
"personal information" means any „personal information‟ as defined in section
1 of the Protection of Personal Information Act, 2013 (Act No. 4 of 2013); and
(b)
“financial information” means any information or data which can be used to
facilitate a financial transaction.
Unlawful access
4.
(1)
Any person who unlawfully and intentionally accesses the whole or
any part of —
(a)
data;
(b)
a computer device;
(c)
a computer network;
(d)
a database;
(e)
a critical database;