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Standard Operating Procedures on Cybercrimes Act in the Pipeline

July 20, 2022

Department of Police

Draft Standard Operating Procedures in terms of the Cybercrimes Act have been drawn up.

The police department published the draft procedures in Government Gazette 47021 for comment.

The Draft Standard Operating Procedures for the Investigation, Search, Access or Seizure of Articles flow from section 26 of the act.

The draft procedures focus on, inter alia, jurisdiction and international dimension of cybercrime; general guidelines for the investigation, search, access or seizure of an article; preparation for search, access or seizure of an article (with or without warrant); persons permitted to search for, access or seize an article; specific tools used in the investigation, search, access or seizure of an article; search with a warrant; search, access or seizure of an article on arrest of a person; preservation and disclosure provisions; investigation of an article that was seized and booked into evidence; pornographic images of children and other sensitive evidence; data held by third parties and independent data holders; prohibition on the disclosure of information; disposal of an article; offences in the CCA that relate to the investigation, search, access or seizure of an article; and the SAPS designated point of contact.

Comment is invited until 15 August 2022.