Regulation of Interception of Communications and Provision of Communication-Related Information Act, 2002 (Act 70 of 2002)Chapter 8 : General prohibitions and exemptions42. Prohibition on disclosure of information |
| (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. |
| (2) | No— |
| (a) | postal service provider, telecommunication service provider or decryption key holder 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; or |
| (b) | employee of a postal service provider, telecommunication service provider or decryption key holder may disclose any information which he or she obtained in the course of his or her employment and which is connected with the exercising of any power or the performance of any duty in terms of this Act, whether that employee is involved in the exercising of that power or the performance of that duty or not, except for the purposes mentioned in subsection (1). |
| (3) | The information contemplated in subsections (1) and (2) includes information relating to the fact that— |
| (a) | a direction has been issued under this Act; |
| (b) | a communication is being or has been or will probably be intercepted; |
| (c) | real-time or archived communication-related information is being or has been or will probably be provided; |
| (d) | a decryption key is being or has been or will probably be disclosed or that decryption assistance is being or has been or will probably be provided; and |
| (e) | an interception device is being or has been or will probably be installed. |