No. 4378
Government Gazette 16 November 2009
Act No. 8, 2009
51
COMMUNICATIONS ACT, 2009
for purposes of providing any of the forms of assistance contemplated in subsection (1)
(a).
Duty to obtain information relating to customers
73.
(1)
Telecommunications service providers must ensure that the
prescribed information is obtained from all customers.
(2)
The information referred to in subsection (1) must be sufficient to
determine which telephone number or other identification has been issued to a specific
customer in order to make it possible to intercept the telecommunications of that
customer.
Functions of Authority relating to interception
74.
(1)
Any duty imposed by this part or any regulation made in terms
of this Part may be enforced as if such duty were a licence condition imposed under this
Act.
(2)
The Authority may adjudicate any dispute that may arise between a
telecommunications service provider and an interception centre, if such a dispute relates
to any duty imposed by this Part or a regulation made in terms of any provision of this
Part.
Disclosure of information
75.
Any person who -
(a)
performs any service relating to interception contemplated in this Part or
information stored in terms of this Part and who reveals any information
or performs any other action that will or is calculated to, have the effect
that the interception or collection of information will not provide the
information sought;
(b)
performs any service relating to interception contemplated in this Part or
information stored in terms of this Part and who discloses or in any other
manner makes use of information obtained by means of the activities in
question for another purpose than the purpose for which the interception
or collection is intended;
(c)
while performing any service relating to the provision of
telecommunications services, provides information or permits
information to be provided to an interception centre unless he or she
has taken all reasonable steps to ensure that the information concerned
is part of lawful interception or monitoring as contemplated in section
70(8);
(d)
performs or has performed any service relating to the provision of
telecommunications services (whether as an employee of the provider
concerned or otherwise) and reveals any information obtained while
performing such service or obtained by virtue of his or her employment
with a provider of telecommunications services, otherwise than (i)
as required by this Act or any other law;