GOVERNMENT
GAZETTE,
23708
68
No.
Act No. 25,2002
2002
2 AUGUST
ELECTRONIC COMMUNICATIONS
AND
TRANSACTIONS ACT, 2002
(6) the obligation of a service provider acting as such under a licensing or other
regulatory regime established by or under any law;
( c ) any obligation imposed by law or by a court to remove, block or deny access
to any data message; or
(d) any right to limitation of liability basedonthecommon
law or the
Constitution.
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CHAPTER XI1
CYBER INSPECTORS
Appointment of cyber inspectors
80. (1)The Director-General mayappoint any employee of the Departmentas a cyber
inspector empowered to perform the functionsprovided for in this Chapter.
(2) A cyber inspectormust be provided with a certificateof appointment signed by or
on behalf of the Director-General in which it isstated that he or shehas been appointed
as a cyber inspector.
(3) A certificate provided for in subsection (2) may be in the form of an advanced
electronic signature.
(4) When a cyber inspector performs any function in terms of this Act, he or she
must(a) be in possession of a certificate of appointment referred to in subsection (2);
and
(b) show that certificate to any person who(i) is subject to an investigation or an employee of that person; or
(ii) requests to see the certificate.
( 5 ) Any person who(a) hinders or obstructsa cyber inspectorintheperformance
of his or her
functions in terms of this Chapter; or
(b) falsely holds himself or herself out as a cyber inspector,
is guilty of an offence.
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Powers of cyber inspectors
81. (1) A cyber inspector may(a) monitor and inspect any web site or activity on an information system in the
public domain and report any unlawful activity to the appropriate authority;
(b) in respect of a cryptography service provider(i) investigate the activities of a cryptography service provider in relation to
its compliance or non-compliance with the provisions of this Act; and
(ii) issue an order in writing to a cryptography service provider to comply
with the provisions of this Act;
( c ) in respect of an authentication service provider(i) investigate the activities of an authentication service provider in relation
to itscompliance or non-compliance with the provision's of this Act;
(ii) investigate the activities of an authentication service providerfalsely
holding itself, its products or services out as having been accredited by
the Authority or recognised by the Minister as provided for in Chapter
VI;
(iii) issue an order in writing to an authentication service provider to comply
with the provisions of this Act; and
(d) in respect of a critical database administrator, perform an audit as providedfor
in section 57.
(2) Any statutory body, including the South African Police Service, with powers of
inspection or search and seizure in terms of any law may apply for assistance from a
cyber inspector to assist it in an investigation: Provided that-
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