Cybercrimes Act, 2020 · Section 37
Wrongful Search, Access or Seizure
Section 37 addresses unlawful investigative conduct and restrictions concerning instruments, devices, passwords, decryption keys and access information.
What the section does
Section 37 creates offences where a police official or investigator unlawfully and intentionally acts contrary to the authority of a search warrant or consent, or exercises powers without the required authority. It also regulates specified demands or use of instruments, devices, passwords, decryption keys or information to gain access.
Key points
- Investigators must stay within the authority granted by the law.
- Acting outside a warrant or lawful consent can have consequences.
- The section recognises the special issues created by encrypted or access-controlled digital evidence.
What this means in practice
The Act regulates both the investigator's authority and the way access to protected digital material may be obtained.
Important
This page is an educational explanation of the Cybercrimes Act. It is not legal advice and does not replace the Act, regulations, court decisions or advice from a qualified legal professional.
Official source
Read the official Cybercrimes Act from the South African Department of Justice and Constitutional Development.
Cybercrimes Act, 2020 — official PDF