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Complete the table about the Regulation of Interception of Communications and Provision of Communication Related Information Act 70 of 2002 No Section of the Act

Complete the table about the Regulation of Interception of Communications and Provision of Communication Related Information Act 70 of 2002

No Section of the Act Interpretation Controls in the workplace
1

4(1) Any person, other than a law enforcement officer, may intercept any communication if he or she is a party to the communication, unless such communication is intercepted by such person for purposes of committing an offence.

(2) Any law enforcement officer may intercept any communication if he or she is

(a) a party to the communication; and

(b) satisfied that there are reasonable grounds to believe that the interception of a communication of another party to the communication is necessary on a ground referred to in section 16(5)(a),

unless such communication is intercepted by such law enforcement officer for purposes of committing an offence.

2 5(1) Any person, other than a law enforcement officer, may intercept any communication if one of the parties to the communication has given prior consent in writing to such interception, unless such communication is intercepted by such person for purposes of committing an offence.
3

6(1) Any person may, in the course of the carrying on of any business, intercept any indirect communication

(a) by means of which a transaction is entered into in the course of that business;

(b) which otherwise relates to that business; or

(c) which otherwise takes place in the course of the carrying on of that business,

in the course of its transmission over a telecommunication system.

4

6(2) A person may only intercept an indirect communication in terms of subsection (1)

(a) if such interception is effected by, or with the express or implied consent of, the system controller;

(b) for purposes of

(i) monitoring or keeping a record of indirect communications

(aa) in order to establish the existence of facts;

(bb) for purposes of investigating or detecting the unauthorised use of that telecommunication system; or

(cc) where that is undertaken in order to secure, or as an inherent part of, the effective operation of the system; or

(ii) monitoring indirect communications made to a confidential voice telephony counselling or support service which is free of charge, other than the cost, if any, of making a telephone call, and operated in such a way that users thereof may remain anonymous if they so choose;

(c) if the telecommunication system concerned is provided for use wholly or partly in connection with that business; and

(d) if the system controller has made all reasonable efforts to inform in advance a person, who intends to use the telecommunication system concerned, that indirect communications transmitted by means thereof may be intercepted or if such indirect communication is intercepted with the express or implied consent of the person who uses that telecommunication system.

5

42(1) No person may disclose any information which he or she obtained in the exercising of his or her powers or the performance of his or her 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 it in the performance of his or her functions in terms of this Act;

(c) information which is required in terms of any law or as evidence in any court of law; or

(d) to any competent authority which requires it for the institution, or an investigation with a view to the institution, of any criminal proceedings or civil proceedings as contemplated in Chapter 5 or 6 of the Prevention of Organised Crime Act.

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