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Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002)

Chapter XII : Cyber Inspectors

81. Powers of cyber inspectors

 

(1) A cyber inspector may—
(a) monitor and inspect any web site or activity on an information system in the public domain and report any unlawful activity to the appropriate authority;
(b) in respect of a cryptography service provider—
(i) investigate the activities of a cryptography service provider in relation to its compliance or non-compliance with the provisions of this Act; and
(ii) issue an order in writing to a cryptography service provider to comply with the provisions of this Act;
(c) in respect of an authentication service provider
(i) investigate the activities of an authentication service provider in relation to its compliance or non-compliance with the provisions of this Act;
(ii) investigate the activities of an authentication service provider falsely holding itself, its products or services out as having been accredited by the Authority or recognised by the Minister as provided for in Chapter VI;
(iii) issue an order in writing to an authentication service provider to comply with the provisions of this Act; and
(d) in respect of a critical database administrator, perform an audit as provided for in section 57.

 

(2) Any statutory body, including the South African Police Service, with powers of inspection or search and seizure in terms of any law may apply for assistance from a cyber inspector to assist it in an investigation: Provided that—
(a) the requesting body must apply to the Department for assistance in the prescribed manner; and
(b) the Department may authorise such assistance on certain conditions.