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the data referred to in the direction in order to preserve the availability and integrity of
the data.
(4)
No data may be disclosed to a law enforcement agency on the
strength of an expedited preservation of data direction unless it is authorised in terms of
section 41.
(5)
The 120 day period referred to in subsection (3), may only be
extended by way of a preservation of evidence direction contemplated in section 42 of
this Act.
(6)
A person or electronic communications service provider to whom
an expedited preservation of data direction referred to in subsection (1) is addressed,
may, in writing, apply to a magistrate in whose area of jurisdiction the person or
electronic communications service provider is situated, for an amendment or the
cancellation of the direction concerned on the ground that he, she or it cannot timeously
or in a reasonable fashion, comply with the direction.
(7)
The magistrate to whom an application is made in terms of
subsection (6) must, as soon as possible after receipt thereof—
(a)
consider the application and may for this purpose, order oral or written evidence
to be adduced regarding any fact alleged in the application;
(b)
give a decision in respect of the application; and
(c)
inform the applicant and member of the law enforcement agency referred to in
subsection (1) of the outcome of the application.
(8)
A person or an electronic communications service provider referred
to in subsection (1) who—
(a)
fails to comply with an expedited preservation of data direction or contravenes
the provisions of subsection (4); or
(b)
makes a false statement in an application referred to in subsection (6),
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.