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

Chapter 2 : Cybercrimes, Malicious Communications, Sentencing and Orders to Protect Complainants from Harmful Effect of Malicious Communications

Part I : Cybercrimes

7. Unlawful acquisition, possession, provision, receipt or use of password, access code or similar data or device

 

(1) Any person who unlawfully and intentionally—
(a) acquires;
(b) possesses;
(c) provides to another person; or
(d) uses,

a password, an access code or similar data or device for purposes of contravening the provisions of section 2(1) or (2), 3(1), 5(1), 6(1), 8 or 9(1), is guilty of an offence.

 

(2) Any person who is found in possession of a password, an access code or similar data or device in regard to which there is a reasonable suspicion that such password, access code or similar data or device—
(a) was acquired;
(b) is possessed;
(c) is to be provided to another person; or
(d) was used or may be used,

for purposes of contravening the provisions of section 2(1) or (2), 3(1), 5(1), 6(1), 8 or 9(1), and who is unable to give a satisfactory exculpatory account of such possession, is guilty of an offence.

 

(3) For purposes of this section ‘‘password, access code or similar data or device’’ includes—
(a) a secret code or pin;
(b) an image;
(c) a security token;
(d) an access card;
(e) any device;
(f) biometric data; or
(g) a word or a string of characters or numbers,

used for financial transactions or user-authentication in order to access or use data, a computer program, a computer data storage medium or a computer system.