Obtaining and using publicly available data or receiving data from person who is in possession of data

Obtaining and using publicly available data or receiving data from person who is in possession of data

45. A police official may, without being specifically authorised thereto in terms of this Chapter, for the purposes of investigating any offence or suspected offence in terms of Part I or Part II of Chapter 2 or any other offence or suspected offence in terms of the laws of the Republic, which may be committed by means of, or facilitated through the use of, an article—

(a) receive, obtain or use publicly available data regardless of where the data is located geographically; or

(b) receive and use non-publicly available data, regardless of where the data is located geographically, if a person who is in control of, or possesses the data, voluntarily and on such conditions regarding confidentiality and limitation of use which they deem necessary, discloses the data to a police official.

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