Section 32: Confidentiality

32. Confidentiality (1) Every member or officer of the Authority shall— (a) before he begins to perform his duties under this Act, take the oath set out in the Third Schedule; (b) maintain, and aid in maintaining, the secrecy of any matter which comes to his knowledge in the performance, or as a result, of his duties under this Act. (2) Any person who, without legal cause or reasonable excuse, contravenes subsection (1) (b) shall commit an offence. continued on page – I12 – 23 [Issue 4] I12 – 22 (2) Revised Laws of Mauritius (3) Every licensee and his employees or agents shall treat as confidential any message or any information relating to a message which comes to their knowledge in the course of their duties. (4) Any person who, otherwise than in the course of his duties, makes use of, or records, a message or any information relating to a message that comes to his knowledge, or to which he has access, by reason of his position as a licensee, or as an employee or agent of a licensee, shall commit an offence. (5) (a) Nothing in this Act shall prevent a public operator or any of his employees or agents from intercepting, withholding or otherwise dealing with a message which he has reason to believe is— (i) indecent or abusive; (ii) in contravention of this Act; (iii) of a nature likely to endanger or compromise State defence, or public safety or public order. (b) Where a message is withheld pursuant to paragraph (a), the operator shall forthwith refer it to the Authority for such written directions as the latter may think fit. (6) (a) Nothing in this Act shall prevent a Judge in Chambers, upon an application, whether ex parte or otherwise, being made to him, by the police, from making an order authorising a public operator, or any of its employees or agents, to intercept or withhold a message, or disclose to the police a message or any information relating to a message. (b) An order under paragraph (a) shall— (i) not be made unless the Judge is satisfied that the message or information relating to the message is material to any criminal proceedings, whether pending or contemplated, in Mauritius; (ii) remain valid for such period, not exceeding 60 days, as the Judge may determine; (iii) specify the place where the interception or withholding shall take place. (7) In this section— “information and communication message” means a message passing over an information and communication network, including telecommunication network; “message” includes an information and communication message. [S. 32 amended by s. 10 of Act 21 of 2016 w.e.f. 15 December 2016.] (S. 32 came into operation on 1 June 2002.) 33. — (S. 33 came into operation on 1 June 2002.) [S. 33 repealed by s. 64 (2) (b) of Act 13 of 2004 w.e.f. 16 February 2009.] I12 – 23 [Issue 9] Information and Communication Technologies Act PART VII – ICT ADVISORY COUNCIL