61
Access to data and receipt and forwarding of unsolicited information
44.
(1)
Any member of a law enforcement agency or an investigator may,
without being specifically authorised thereto in terms of this Chapter—
(a)
access public available data regardless of where the data is located
geographically;
(b)
access or receive non-public available data, regardless of where the data is
located geographically, if the person who has the lawful authority to disclose the
data, voluntarily—
(i)
in writing, consents to such accessing of data; or
(ii)
provides the data to a member of a law enforcement agency or an
investigator; or
(c)
access any data, regardless of where the data is located geographically, if such
data is lawfully—
(i)
accessible from; or
(ii)
available to,
a computer device, a computer network, a database, a critical database, an
electronic
communications
network
or
a
National
Critical
Information
Infrastructure which is being accessed or seized in terms of section 29, 30, 31 or
32.
(2)
The head of a law enforcement agency may, after obtaining the
written approval of the National Director of Public Prosecutions as contemplated in
subsection (3), forward any information obtained during any investigation to a law
enforcement agency of a foreign State when that head of a law enforcement agency is
of the opinion that the disclosure of such information may—
(a)
assist the foreign State in the initiation or carrying out of investigations regarding
an offence committed within the jurisdiction of a foreign State; or
(b)
lead to further cooperation with a foreign State to carry out an investigation
regarding the commission or intended commission of—