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39.
(1)
The interception of data which is an indirect communication as
defined in section 1 of the Regulation of Interception of Communications and Provision
of Communication-related Information Act, 2002 (Act No. 70 of 2002), must take place
in terms of an interception direction issued in terms of section 16 of the Regulation of
Interception of Communications and Provision of Communication-related Information
Act, 2002 (Act No. 70 of 2002), and must, subject to subsection (3), be dealt with further
in the manner provided for in that Act.
(2)
If no interception direction has been issued, the interception of data
on an ongoing basis, which is real-time communication-related information as defined in
section 1 of the
Regulation of Interception of Communications and Provision of
Communication-related Information Act, 2002 (Act No. 70 of 2002), must take place in
terms of a real-time communication-related direction issued in terms of section 17 of the
Regulation of Interception of Communications and Provision of Communication-related
Information Act, 2002 (Act No. 70 of 2002), and must, subject to subsection (3), be dealt
with further in the manner provided for in that Act.
(3)
Data referred to in subsection (1) or (2), which is intercepted at the
request of an authority, court or tribunal exercising jurisdiction in a foreign State must,
after the interception, be dealt with in the manner provided in an order referred to in
section 46(6), which is issued by the designated judge.
Expedited preservation of data direction
40.
(1)
A specifically designated member of a law enforcement agency
may, if he or she on reasonable grounds believes that any person or an electronic
communications service provider, which is not required to provide an electronic
communications service which has the capability to be intercepted or to store
communication-related information, as contemplated in section 30 of the Regulation of
Interception of Communications and Provision of Communication-related Information