No. 4378
Government Gazette 16 November 2009
Act No. 8, 2009
49
COMMUNICATIONS ACT, 2009
(10)
Any provision in any law requiring a person to provide assistance
with interception or that authorises the issue of a warrant or other order compelling
or requiring a person to render assistance with interception is construed so that the
assistance in question includes the provision of a key or other information necessary to
make any information obtained by the interception in question, intelligible.
(11)
determines –
The Director-General may issue directives in which he or she
(a)
how information obtained by interception must be handled;
(b)
which persons may handle information obtained by means of
interception;
(c)
which persons may perform any action relating to interception;
(d)
any other technical or procedural matter relating to interception that is
necessary or expedient in order to ensure that information obtained by
means of interception is only used for its intended purpose and that the
objects of this Part are fulfilled.
Duties relating to interception
71.
(1)
Licensees and other providers of telecommunications services
must provide a telecommunications service in such a manner that it is capable of being
intercepted.
(2)
Licensees and other providers of telecommunications services must
store such information relating to the originator, destination, contents of, and other
information relating to the telecommunications concerned as may be prescribed.
(3)
A telecommunication service provider must acquire at its own cost
whether by purchasing or leasing the facilities and capabilities necessary to comply
with the duties referred to in subsection (1) and (2).
(4)
Costs incurred by telecommunications service providers in complying
with subsection (1) and (2), including investments, technical, maintenance and operating
costs must be borne by that telecommunications service provider.
(5)
The provisions of this Part are not construed so –
(a)
as to prohibit the use of any specific type of technology;
(b)
as to compel service providers to perform any action that would make
the provision of any class of telecommunications service uneconomical
or technically infeasible;
(c)
as to obtain or store any information that in the normal use of any
technology or protocol will not come to its knowledge or would not be
readily available.
Assistance by telecommunications service providers and compensation therefor
72.
(1)
The Minister must make regulations prescribing –