Cybercrimes Act, 2020 (Act No. 19 of 2020)

Chapter 4 : Powers to Investigate, Search, Access or Seize

39. Prohibition on disclosure of information
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(1) No person, investigator, police official, electronic communications service provider, financial institution or an employee of an electronic communications service provider or financial institution may, subject to subsection (2), disclose any information which they have obtained in the exercise of their powers or the performance of their duties in terms of Chapter 4 or 5 of this Act, except—
(a) to any other person who of necessity requires it for the performance of their functions in terms of this Act;
(b) if they are a person who of necessity supplies such information in the performance of their duties or 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 between electronic communications service providers, financial institutions, the South African Police Service, competent authorities or any other person or entity which is aimed at preventing, detecting, investigating or mitigating cybercrime: Provided that such information-sharing may not prejudice any criminal investigation or criminal proceedings; or
(e)to any competent authority in a foreign State which requires it for the prevention, detection, or mitigation of cybercrime, or the institution of criminal proceedings or an investigation with a view to institute criminal proceedings.

 

(2) The prohibition on disclosure of information contemplated in subsection (1) does not apply where the disclosure—
(a) is authorised in terms of this Act or any other Act of Parliament; or
(b) reveals a criminal activity.

 

(3)A person, investigator, police official, electronic communications service provider, financial institution or an employee of an electronic communications service provider or financial institution who unlawfully and intentionally contravenes the provisions of subsection (1) is guilty of an offence and is liable on conviction to a fine or imprisonment for a period not exceeding three years or to both a fine and such imprisonment.