72
No. 23708
Act No. 5 , 2 0 0 2
GOVERNMENT GA,ZE?TE, 2 AUGUST 2002
ELECTRONIC
COMMUNICATIONS
AND
TRANSACTIONS ACT. 2003
( b ) specify which acts may be performed thereunder by the cyber inspector to
whom it is issued.
(4) A warrant to enter and search is valid until(a) the warrant has been executed;
(0) the warrant iscancelledbythe
person who issued it or in that person's 5
absence, by a person with similar authority;
(c) the purpose for issuing it has lapsed; or
(d) the expiry of one month from the date on which it was issued.
(5) A warrant to enter and search premises map
be executed only during the day,
unless the judge or magistrate who issued it, authorises that it may be executed at any 10
other time.
Preservation of confidentialit>
84. (1) Except for the purpose of this Act or for the prosecution of an offence or
pursuant to an order of court. a person who has, pursuant to any powers conferred under
this Chapter. obtained access to any information may not disclose such information to 15
any other person.
( 2 ) An! person u,ho contravenes subsection ( 1 ) is guilty of an offence and liable on
con\,iction to a fine or to imprisonment for a period not exceeding six months.
CHAPTER XI11
CRIME
20
CYRER
Definition
85. In this Chapter. unless the contextindicates othern 'se"access" includes the actions of a person who, after taking note of any data,
becomes aware of the fact that he or she is not authorised to access that data and
tostill continues
25 that data.
'
access
Unauthorised access to, interceptionof or interference with data
86. (1 i Subject to the Interception and MonitoringProhibition Act, 1992 (Act No. 127
of 1993).a person who intentionally accesses or intercepts any data without authority or
permission to do so. is guilty of an offence.
( 7 )A person who intentionall:, and Iaithout authority to do so. interferes with data in 30
a Lvay which causessuch data to be modified, destroyed or otherwise rendered
ineffective. is guilt). of an offence.
(3) A person v,ho unlawfully produces, sells, offers to sell. procures for use, designs.
adapts for use. distributes or possesses any de\Jice.including a computer program or a
component. \vhich is designed primaril!, to overcome securit!. measuresfor the 35
protection of data. or performs an)' of those acts with regard to a password, access code
01'an)' other similar kind of data uith the intent to unlawfully utilise such item to
contravene this section. is guilt! of an offence.
(4)A person n.ho utilises an! device or computer program mentioned in subsection
( 3 ) i n order to unlawfull). overcome securit!, measures designed to protect such data or 40
;Icccss thcrcto. is suiltj. of an oili'encz.
(5) A person \vho commits any actdescribed in this section with the intent to interfere
with access to an information system so asto constitute a denial. including a partial
denial, of ser\.ice to legitimate users is guilty of an offence.
45
forgery
and
Computer-related
fraud
extortion,
87. ( I ) A person who performs or threatens to perform an!' of the acts described in
section 86. for the purpose of obtaining any unlawful proprietary advantage by
undertahng to cease or desist from such action. or by undertaking to restoreany damage
caused as a result of those actions. is guilty of an offence.