6  No. 44651 GOVERNMENT GAZETTE, 1 June 2021 Act No. 19 of 2020 Cybercrimes Act, 2020 6 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. Search for, access to, or seizure of article involved in the commission of an offence without search warrant Search for, access to, or seizure of article on arrest of person Assisting police official or investigator Obstructing or hindering police official or investigator and authority to 5 overcome resistance Powers conferred upon police official or investigator to be conducted in decent and orderly manner with due regard to rights of other persons Wrongful search, access or seizure and restriction on use of instrument, device, 10 password or decryption key or information to gain access False information under oath or by way of affirmation Prohibition on disclosure of information Interception of indirect communication and obtaining of real-time communication-related information 15 Expedited preservation of data direction Preservation of evidence direction Oral application for preservation of evidence direction Disclosure of data direction and search for, access to, and seizure of articles subject to preservation Obtaining and using publicly available data or receiving data from person who 20 is in possession of data CHAPTER 5 MUTUAL ASSISTANCE 46. 47. 48. 49. 50. 51. Application of provisions of Chapter 25 Spontaneous information Foreign requests for assistance and cooperation Complying with order of designated judge Informing foreign State of outcome of request for mutual assistance and expedited disclosure of traffic data 30 Issuing of direction requesting mutual assistance from foreign State CHAPTER 6 DESIGNATED POINT OF CONTACT 52. Establishment and functions of designated Point of Contact CHAPTER 7 EVIDENCE 53. 35 Proof of certain facts by affidavit CHAPTER 8 REPORTING OBLIGATIONS AND CAPACITY BUILDING 54. 55. 56. Obligations of electronic communications service providers and financial institutions 40 Capacity to detect, prevent and investigate cybercrimes National Director of Public Prosecutions must keep statistics of prosecutions This gazette is also available free online at www.gpwonline.co.za

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