A.428
27.
28.
29.
30.
31.
32.
Access, search and seizure
Real time collection of content or traffic data
Deletion order
Acting without an order
Limited use of disclosed data and information
Non-compliance with order or notice
PART IV — Miscellaneous Provisions
33.
34.
35.
36.
Extradition
Regulations
Repeal of Cap. 08:06
Savings
An Act to repeal and re-enact, with amendments, the Cybercrime
and Computer Related Crimes Act.
Date of Assent: 29.06.18
Date of Commencement: ON NOTICE
ENACTED by the Parliament of Botswana.
PART I — Preliminary
Short title and
commencement
Interpretation
1. This Act may be cited as the Cybercrime and Computer Related
Crimes Act, 2018, and shall come into operation on such day as the
Minister may, by Order published in the Gazette, appoint.
2. In this Act, unless the context otherwise requires —
“access” means, in relation to any computer or computer system, to
instruct, communicate with, store data in, retrieve data from, or
otherwise make use of any of the resources of the computer or
computer system
“access code” or “password” means any —
(a) data by which a computer service or computer or computer
system is capable of being obtained, accessed or used; or
(b) means of gaining access to the whole or part of a computer or
computer system;
“automatic processing” includes the following operations, if carried out
in whole or in part by automated means —
(a) the storage of data;
(b) the carrying out of logical or arithmetical operations on the
data referred to in paragraph (a), including its alteration, era
sure, retrieval or dissemination;
“Commissioner” means the Commissioner of Police appointed by the
President in terms of section 112 of the Constitution;
“computer data storage medium” means any device, article or material
from which data or information is capable of being stored or
reproduced, with or without the aid of any other device or material;
“computer or computer system” means an electronic, magnetic or optical
device or a group of interconnected or related devices, including
the Internet, one or more of which, pursuant to a programme,
performs the automatic processing of data;