2005, No.20
Telecommunications Act 2005
133
(2) A service provider shall operate the service provider‟s
telecommunications network with due regard for the privacy of
the service provider‟s customers. Except as permitted or
required by law, or with the consent of the person to whom the
personal information relates, a service provider shall not collect,
use, maintain or disclose customer information or customer
communication for undisclosed purposes.
(3) The purposes for which customer information is
collected by a service provider shall be identified at or before
collection, and a service provider shall not, subject to this
section, collect, use, maintain or disclose customer information
for undisclosed purposes.
(4)
Service providers shall ensure the customer‟s
information is accurate, complete and up to date for the
purposes for which the information is to be used.
(5)
Service providers shall ensure that customer
information and customer communications are protected by
security safeguards that are appropriate to the sensitivity of such
information and communications.
51. Access by Government Authorities–Nothing in this
Act shall be interpreted to prohibit or infringe upon the rights of
the Government, Government Agencies and Authorities to
exercise their rights to access otherwise confidential
information or communications relating to a customer. Such
access shall be made in accordance with the laws of Samoa.
52. Customer Complaints-(1) Service providers shall
identify a specific person or group of persons to receive
complaints from customers other than service providers.
(2) Service providers shall establish procedures to deal with
complaints of customers other than service providers. The
procedures, and any amendments thereto, shall be subject to
approval by the Regulator. The procedures shall be published in a
suitable manner that is approved by the Regulator.
(3) Disputes between a service provider and a customer, or
between service providers, which the parties cannot resolve
among themselves, shall be subject to sections 71, 72 and 73.