48
(ii)
obtains any instrument, device, password, decryption key or other
information that is necessary to access or uses data, a computer device,
any part of a computer network, a database, a critical database, an
electronic communications network or a National Critical Information
Infrastructure,
is guilty of an offence and is liable on conviction to a fine not exceeding R300 000 or
imprisonment for a period not exceeding 3 years or to both such fine and imprisonment.
(2)
A member of a law enforcement agency or an investigator who
obtains or uses any instrument, device, equipment, password, decryption key, data or
other information contemplated in section 29(2)(f)—
(a)
must use the instrument, device, equipment, password, decryption key, data or
information only in respect of and to the extent specified in the warrant to gain
access to or use data, a program, a computer data storage medium, a computer
device, any part of a computer network, a database, any part of an electronic
communications network or any part of an electronic communications
infrastructure in the manner and for the purposes, specified in the search warrant
concerned; and
(b)
must destroy all information if—
(i)
it will not be required for purposes of any criminal or civil proceedings
contemplated in Chapter 5 or 6 of the Prevention of Organised Crime Act
or for purposes of evidence or for purposes of an order of court; or
(ii)
no criminal proceedings or civil proceedings as contemplated in Chapter 5
or 6 of the Prevention of Organised Crime Act, are to be instituted in
connection with such information.
(3)
The provisions of subsection (2) apply with the necessary changes
required by the context to a search and access or seizure without a search warrant
contemplated in section 31 or access to and search of an article contemplated in
section 32(2).