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.
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(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.
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(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.
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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
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