Cybercrimes Act, 2020 · Section 41
Expedited Preservation of Data Direction
Section 41 provides a mechanism for urgently preserving data that may be relevant to a cybercrime investigation.
What the section does
Section 41 allows an authorised direction for expedited preservation of specified data where the statutory requirements are met. The provision is designed to prevent relevant data from being lost while further legal steps are taken.
Key points
- Preservation is about keeping existing data available for investigation.
- The provision can apply to electronic communications service providers, financial institutions and other persons in the circumstances specified by the Act.
- The Act provides procedures for the direction and related applications.
- Preservation does not mean investigators automatically receive unrestricted access to the data.
What this means in practice
Preserving evidence and obtaining evidence are different steps. A preservation direction helps prevent potentially relevant data from disappearing.
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