52
Government Gazette 16 November 2009
Act No. 8, 2009
No. 4378
COMMUNICATIONS ACT, 2009
(ii)
for technical or administrative purposes under circumstances that
will not compromise the confidentiality of the information, as
may be required to ensure the efficient rendering of thc services
concerned; or
(iii)
in order to comply with an order of any court,
commits an offence and is liable on conviction to a fine of N$100 000 or imprisonment
for a period of ten years or both such fine and such imnprisonment.
Equipment relating to interception
76.
(1)
Any person who possesses, imports, exports, distributes or
deals in any equipment prescribed in terms of subsection (2) without a permit issued
by the Minister or who does not comply with any conditions in the permit in question,
commits an offence and is liable on conviction to a fine of N$20 000 or to imprisonment
for a period of five years or to both such fine and such imprisonment.
(2)
On the recommendation of the Director-General the Minister may
make regulations listing the equipment and software to which subsection (1) applies, if
such equipment or software –
(a)
may be used to perform or facilitate interception or monitoring of
telecommunications or any other activity performed by or in relation to
an information or computer system;
(b)
may be used to prevent lawful interception or monitoring or rendering
it less effective.
(3)
Before regulations referred to in subsection (2) are made, the Authority
must conduct a consultation process in the manner prescribed in terms of section 30(3)
obtaining the input of persons having an interest in the regulations in question.
(4)
The Authority must submit a report of the consultation process to the
Minister which contains –
(a)
the submissions made by stake holders on the proposed regulations;
(b)
the recommendations of the Authority on the impact of the proposed
prohibition on the telecommunications and the information technology
industry; and
(c)
any information that the Authority may think fit with relation to
beneficial or harmless uses of the equipment or software in question.
Regulations relating to interception
77.
(1)
Regulations prescribing anything in terms of this Part must be
made by the Minister, after consultation with the Authority, the Director-General and
all providers of telecommunications services who may be affected by the regulations
concerned.
(2)
Regulations made in terms of this Part may exempt any provider of
telecommunications services from any duty imposed by this Part if –