50
38.
(1)
No person, investigator, member of a law enforcement agency,
electronic communications service provider or an employee of an electronic
communications service provider may disclose any information which he, she or it has
obtained in the exercise of his, her or its powers or the performance of his, her or its
duties in terms of this Act, except—
(a)
to any other person who of necessity requires it for the performance of his or her
functions in terms of this Act;
(b)
if he or she is a person who of necessity supplies such information in the
performance of his or her functions in terms of this Act;
(c)
if it is information which is required in terms of any law or as evidence in any
court of law;
(d)
if it constitutes information-sharing—
(i)
contemplated in Chapter 6 of this Act; or
(ii)
between electronic communications service providers, the South African
Police Service or any other person or entity which is aimed at preventing,
investigating or mitigating cybercrime or relating to aspects of cyber
security:
Provided that such information-sharing may not prejudice any criminal
investigation or criminal proceedings;
(e)
to any competent authority which requires it for the institution of criminal
proceedings or an investigation with a view to instituting criminal proceedings.
(2)
A person, investigator, member of a law enforcement agency,
electronic communications service provider or an employee of an electronic
communications service provider who contravenes the provisions of subsection (1) is
guilty of an offence and is liable on conviction to a fine not exceeding R5 million or
imprisonment not exceeding 5 years or to both such fine and imprisonment.
Interception of data