(3)
Every licensee or his employees or agent shall treat as confidential any message or
any information relating to a message which comes to his knowledge in the course
of his duties.
(4)
Any person who, otherwise than in the course of his duties, makes use of, or
records, the contents or substance of a message that comes to his knowledge, or to
which he has access, by reason of his position is a licensee, or as an employee or
agent of a licensee, shall comment an offence.
(5) (a)
(b)
(6) (a)
(b)
33.
Nothing in this Act shall prevent a public operator or any of his employees or
agents from intercepting, withholding or otherwise dealing with a message
which he has reason to believe is(i)
indecent or abusive;
(ii)
in contravention of this Act;
(iii)
of a nature likely to endanger or compromise State's defence, or
public safety or public order.
Where a message is withheld pursuant to paragraph (a), the operator shall
forthwith refer it to the Authority for such written directions as the latter may
think fit.
Nothing in this Act shall prevent a Judge in Chambers, upon an application,
whether ex parte or otherwise, being made to him, by the Police, from
making an order authorising a public operator, or any of its employees or
agents, to intercept, withhold or disclose to the police, an information or
communication message including a telecommunication message.
An order under paragraph (a) shall (i)
not be made unless the Judge is satisfied that information relating to
the message is material to any criminal proceedings, whether
pending or contemplated, in Mauritius;
(ii)
remain valid for such period, not exceeding 60 days, as the Judge
may determine;
(iii)
specify the place where the interception or withholding shall take
place.
Deleted by [Act No. 13 of 2004]
PART VII - ICT ADVISORY COUNCIL
34.
Establishment of the Council
(1)
There is established for the purposes of this Act an information and Communication
Technologies Advisory Council known as the ICT Advisory Council.