Cybercrimes Act, 2020 · Section 40
Interception of Indirect Communication and Real-Time Information
Section 40 deals with specified investigative interception and real-time communication-related information under the statutory framework.
What the section does
Section 40 provides for specified forms of interception of indirect communication and obtaining real-time communication-related information, operating alongside the Regulation of Interception of Communications and Provision of Communication-related Information Act.
Key points
- The provision concerns investigative powers rather than ordinary private monitoring.
- Interception and communication-related information are subject to statutory procedures.
- The Cybercrimes Act expressly interacts with the RICA framework.
What this means in practice
The existence of a cybercrime investigation does not mean that private communications can simply be intercepted without legal authority.
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