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  • Actos contra la confidencialidad, integridad y disponibilidad de ordenador, Datos y Sistemas

    • • Interceptación de datos informáticos
      • Medidas de protección de datos/ transgresión de la privacidad
 Part 9a
 Sections 216B-C
 

Texto original

216B Prohibition on use of interception devices
(1) Subject to subsections (2) to (5), every one is liable to imprisonment for a term not exceeding 2 years who intentionally intercepts any private communication by means of an interception device.
(2) Subsection (1) does not apply where the person intercepting the private communication—
(a) is a party to that private communication; or
(b) does so pursuant to, and in accordance with the terms of, any authority conferred on him or her by or under—
(i) the Search and Surveillance Act 2012; or
(ii) [Repealed]
(iii) the New Zealand Security Intelligence Service Act 1969; or
(iiia) the Government Communications Security Bureau Act 2003; or
(iv) [Repealed]
(v) the International Terrorism (Emergency Powers) Act 1987.
(3) [Repealed]
(4) Subsection (1) does not apply to any monitoring of a prisoner call under section 113 of the Corrections Act 2004 or any interception of a private communication if the interception is authorised under section 189B of that Act.
(5) Subsection (1) does not apply to the interception of private communications by any interception device operated by a person engaged in providing an Internet or other communication service to the public if—
(a) the interception is carried out by an employee of the person providing that Internet or other communication service to the public in the course of that person’s duties;
and
(b) the interception is carried out for the purpose of maintaining that Internet or other communication service; and
(c) the interception is necessary for the purpose of maintaining the Internet or other communication service; and
(d) the interception is only used for the purpose of maintaining the Internet or other communication service.
(6) Information obtained under subsection (5) must be destroyed immediately if it is no longer needed for the purpose of maintaining the Internet or other communication  service.
(7) Any information held by any person that was obtained while assisting with the  execution of a surveillance device warrant issued under the Search and Surveillance Act 2012 must, upon expiry of the warrant, be—
(a) destroyed immediately; or
(b) given to the agency executing the warrant.

216C Prohibition on disclosure of private communications unlawfully intercepted
(1) Subject to subsection (2), where a private communication has been intercepted in contravention of section 216B, every one is liable to imprisonment for a term not exceeding 2 years who intentionally—
(a) discloses the private communication, or the substance, meaning, or purport of the communication, or any part of it; or
(b) discloses the existence of the private communication,—
if he or she knows that it has come to his or her knowledge as a direct or indirect result of a contravention of section 216B.
(2) Subsection (1) does not apply where the disclosure is made—
(a) to a party to the communication, or with the express or implied consent of such a party; or
(b) in the course, or for the purpose, of—
(i) an investigation by the Police into an alleged offence against this section or section 216B; or
(ii) giving evidence in any civil or criminal proceedings relating to the unlawful interception of a private communication by means of an interception device or the unlawful disclosure of a private communication unlawfully intercepted by that means; or
(iii) giving evidence in any other civil or criminal proceeding where that evidence is not rendered inadmissible by the Evidence Act 2006 or section 25 of the Misuse of Drugs Amendment Act 1978 or any other enactment or rule of law; or
(iv) determining whether the disclosure is admissible in any civil or criminal proceedings.

 
 
 

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