REGULATION OF INTERCEPTION OF COMMUNICATIONS AND PROVISI...
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Prohibition of provision of real-time or archived communication-related
information and exceptions (ss 12-15)
12
Prohibition of provision of real-time or archived communicationrelated information
Subject to this Act, no telecommunication service provider or employee of a
telecommunication service provider may intentionally provide or attempt to provide any
real-time or archived communication-related information to any person other than the
customer of the telecommunication service provider concerned to whom such real-time or
archived communication-related information relates.
13
Provision of real-time or archived communication-related information
under real-time communication-related direction or archived
communication-related direction
Subject to this Act, any telecommunication service provider to whom a real-time
communication-related direction or an archived communication-related direction is
addressed, may provide any real-time or archived communication-related information to
which that real-time communication-related direction or archived communication-related
direction relates.
14
Provision of real-time or archived communication-related information
upon authorisation by customer
Any telecommunication service provider may, upon the written authorisation given by
his or her customer on each occasion, and subject to the conditions determined by the
customer concerned, provide to any person specified by that customer, real-time or
archived communication-related information which relates to the customer concerned.
15
Availability of other procedures for obtaining real-time or archived
communication-related information
(1) Subject to subsection (2), the availability of the procedures in respect of the
provision of real-time or archived communication-related information provided for in
sections 17 and 19 does not preclude obtaining such information in respect of any person
in accordance with a procedure prescribed in any other Act.
(2) Any real-time or archived communication-related information which is obtained in
terms of such other Act may not be obtained on an ongoing basis.
CHAPTER 3
APPLICATIONS FOR, AND ISSUING OF, DIRECTIONS AND ENTRY
WARRANTS (ss 16-25)
16
Application for, and issuing of, interception direction
(1) An applicant may apply to a designated judge for the issuing of an interception
direction.
(2) Subject to section 23 (1), an application referred to in subsection (1) must be in
writing and must(a)
indicate the identity of the(i)
applicant and, if known and appropriate, the identity of the law
enforcement officer who will execute the interception direction;
(ii)
person or customer, if known, whose communication is required
to be intercepted; and
(iii)
postal service provider or telecommunication service provider to
whom the direction must be addressed, if applicable;
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