Definitions

Definitions

25. In this Chapter, unless the context indicates otherwise—

‘‘access’’ includes without limitation to make use of—

(a) a computer data storage medium, or a computer system, or their accessories and components or any part thereof or any ancillary device or component thereto; and

(b) data or a computer program held in a computer data storage medium or a computer system, to the extent necessary to search for and seize an article;

‘‘investigator’’ means any fit and proper person, who is not a member of the South African Police Service and who is—

(a) identified and authorised in terms of a search warrant as contemplated in section 29(3); or

(b) requested by a police official in terms of section 31(2), 32(3) or 33(4), to, subject to the direction and control of a police official, assist the police official with the search for, access or seizure of an article; and

‘‘seize’’ includes to—

(a) remove a computer data storage medium or any part of a computer system;

(b) render inaccessible, data, a computer program, a computer data storage medium or any part of a computer system in order to preserve evidence;

(c) make and retain a copy of data or a computer program; or

(d) make and retain a printout of the output of data or a computer program.

Questions