36
No. 23708
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GOVERNMENTGAZETTE. 2 AUGUST 2002
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.Ict So. 25. 2002
ELECTRONIC COMMUNICATIONS AND
TRANSACTIONS ACT. 2002
( a ) from premises in the Republic;
(0) to a person who is present in the Republic when that person makes use of the
service or product: or
( c i to a person who uses the service or product for the purposes of a business
carried on in the
Republic
or from premises in the
Republic.
5
Restrictions on disclosure of information
31. ( I ) Information contained in the register provided for in section 29 must not be
disclosed to any person other than to employees of the Department who are responsible
for the keeping of the register.
( 3 ) Subsection ( 1 ) does not apply in respect of informationwhich is disclosed10
( a ) to arelevant authority which investigatesacriminal
offence orfor the
purposes of any criminal proceedings;
(0) to government agencies responsible for safety and security in the Republic,
pursuant to an official request:
inspector:
(c) to a cyber
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((1) pursuant to section 11 or 30 of the Promotion of Access to Information Act.
(Act No. 2 of 2000): or
( e ) for the purposes of any civil proceedingswhichrelate to the provision of
cryptography services or cryptography products and to which a cryptography
provider is a party.
20
Application of Chapter and offences
32. ( I ) The provisions of this Chapter do not apply to the NationalIntelligence
Agent!. established in terms of section 3 of the Intelligence Services Act.1994 (Act No.
38 of 1994).
( 3 )A person u h o contravenes or fails to comply with a provision of this Chapter is 35
guilty of an offence and liable on conviction to a fine or to imprisonment for a period not
exceeding two years.
CHAPTER VI
AUTHENTICATION SERVICE PROVIDERS
Part 1
30
Accreditation Authority
Definition
33. In this Chapter. unless the context indicates otherwise"accreditation" means recognition of an authentication product or service by the
Accreditation Authority.
35
Appointment of kcreditation Authority and other officers
31. ( I ) For the purposes of this Chapter the Director-General must act as the
Accreditation Authority.
( 2 ) The Accreditation Authority. after consultation with the Minister. may appoint
employees of the Department as Deputy AccreditationAuthoritiesand
officers.
40
Accreditation to he voluntary
35. Subject to section 30. a person may, without the prior authority of any other
person. sell or provide authentication products or services in the Republic.
Powers and duties of Accreditation Authority
36. ( 1 ) The Accreditation Authority may-
4.5