Cyber Security and Data Protection (b) by written notice to a person in control of the computer system or information system concerned, require the person in control thereof to disclose relevant traffic data concerning specified communications in order to identify— (i) the service providers; or (ii) the path through which the communication was transmitted. 5 (5) Any person who does not comply with the order given in terms of this section shall be guilty of an offence and liable to a fine. 165C Expedited preservation (1) A magistrate may, on an application by a police officer in the prescribed form, that there are reasonable grounds to suspect or believe that traffic data associated with a specified communication is required for the purposes of a criminal investigation— (a) order any person in control of such data to— (i) collect, record or preserve the traffic data associated with a specified communication during a specified period; or (ii) permit and assist a specified police officer to collect or record that data. 10 15 20 (b) authorise the police officer to collect or record traffic data associated with a specified communication during a specified period through the use of any appropriate technological means. (2) Section 33(3) shall apply mutatis mutandis to an application in terms of this section. 25 PART IV General Provisions 166 Obligations and immunity of service providers (1) An electronic communications network or access service provider shall not be criminally liable for providing access or transmitting information through its system if such service provider has not— (a) initiated the transmission; or (b) selected the receiver of the transmission; or (c) selected or modified the information contained in the transmission. (2) The provision of access or the transmission referred to in subsection (1) shall include the automatic, intermediate and transient storage of the information transmitted in so far as this takes place for the sole purpose of carrying out the transmission in the communication network, and the information is not stored for any period longer than is reasonably necessary for the transmission. (3) A hosting provider shall not be criminally liable for the information stored at the request of a user of the service if the hosting 28 30 35 40

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