Interception Of Communications Act [Chapter 11:20]

 

Chapter 11:20

Interception Of Communications Act

Act 6/2007

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY Section

1. Short title.

PART II

CONTROL OFINTERCEPTION AND ESTABLISHMENT OF MONITORING CENTRE

3. Control of interception.
4. Establishment of monitoring centre.

PART III

APPLICATION FORLAWFULINTERCEPTION OF COMMUNICATIONS

5. Authorised persons to apply for warrant of interception.
6. Issue of warrant.
7. Scope of warrant and renewal thereof.
8. Evidence obtained by unlawful interception not admissible in criminal proceedings 9. Assistance by service providers.
9. Duties of telecommunication service provider in relation to customer.
10. Notice of disclosure of protected information.
11. Interception capability of telecommunication service.
12. Compensation payable to service provider or protected information key holder.

PARTIV

POSTAL ARTICLES

14. Application for detention order.
15. Examination of and accountability for detained postal articles.

PART V

GENERAL

16. Restriction on disclosure.
17. Disposal of intercept product.
19. Review of exercise of Minister’s powers under this Act.

AN ACT to provide for the lawful interception and monitoring of certain communications in the course of their transmission through a telecommunication, postal or any other related service or system in Zimbabwe; to provide for the establishment of a monitoring centre; and to provide for any other matters connected with or incidental to the foregoing.

[Date of commencement : 3rd August, 2007]

PART I

PRELIMINARY

1    Short title

This Act may be cited as the Interception of Communications Act [Chapter 11:20].

                       2    Interpretation

(1) In this Act

“access” means the technical ability to interface with a communications facility such as a telecommunications line or switch to enable the interception of any communication carried on at that facility;

“agency” means the government telecommunications agency comprising telecommunications experts which has been designated to operate the monitoring facility and which gives technical directions to service providers so as to ensure compliance with the provisions of this Act;

“Authority” means the Postal and Telecommunications Authority established by section 3 of the Postal and Telecommunications Act [Chapter 12:05] (No. 4 of 2000);

“authorised person” means a person referred to in section 5;

“call” means any connection, fixed or temporary, capable of transferring information between two or more users of a telecommunications system;

“call-related information” includes switching, dialling or signalling information that identifies the origin, destination, termination, duration and equipment identification of each communication generated or received by a customer or user of any equipment, facility or service provided by a service provider and, where applicable, the location of the user within the telecommunications system;

“customer” means—

• any person, body or organisation which has entered into a contract with the service provider for the provision of a telecommunication service to that person, body or organisation; or
• any person to whom or any body or organisation to which a service provider provides a pre-paid telecommunication service;

“detention order”, means an order to detain a postal article issued in terms of section 14;

“identity document” has the meaning given to that term by section 32(1) of the Public Order and Security Act [Chapter 11:17] (No. 1 of 2002);

“intercept”, in relation to any communication which is sent—

• by means of a telecommunication system or radiocommunication system, means to listen to, record , or copy, whether in whole or in part;
• by post, means to read or copy the contents, whether in whole or in part;

“interception interface” means the physical location within the service provider’s telecommunications facilities where access to the intercepted communication or call-related information is provided;

“interception subject” or “target” means the person whose communications are to be or are being intercepted;

“key” means a numeric code or other means by which information is encrypted;

“Minister” means the Minister of Transport and Communications or any other Minister to whom the President may from time to time assign the administration of this Act;

“monitoring centre” means a central monitoring apparatus designated to be the monitoring facility through which all the intercepted communications and call-related information of a particular interception target are forwarded to an authorised person;

“national security of Zimbabwe” includes matters relating to the existence, independence and safety of the

State;

“organised criminal group” means a structured group of three or more persons, existing for a period of time and acting in concert with the aim of committing one or more serious offences in order to obtain, directly or indirectly, a financial or other material benefit;

“party”, in relation to a communication, means a person whose access to the communication is or might reasonably be known by all other parties;

“protected information” means information that is encrypted by means of a key;

“serious offence” means conduct constituting an offence punishable by a maximum deprivation of liberty of at least four years or a more serious penalty;

“service provider” means the provider of a postal service or telecommunication service; “warrant” means a warrant issued in terms of section 6.

(2) Any word or expression to which a meaning has been assigned in the Postal and Telecommunications Act [Chapter 12:05] (No. 4 of 2000) shall have the same meaning when used in this Act.