Cybercrimes Act, 2020 · Section 45
Publicly Available Data and Voluntary Data
Section 45 addresses obtaining and using publicly available data and receiving data from a person who is lawfully in possession of it.
What the section does
Section 45 provides for obtaining and using publicly available data and receiving data from a person who is in possession of data in the circumstances contemplated by the Act.
Key points
- Publicly available information can be obtained through the mechanism recognised by the Act.
- The section also addresses data voluntarily provided by a person in possession of it.
- This provision is distinct from compulsory search and seizure powers.
What this means in practice
Information being publicly accessible is different from unlawfully accessing a private system. Context and the manner of obtaining the data matter.
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