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ACTS SUPPLEMENT No. 7 3rd September, 2010. ACTS SUPPLEMENT to The Uganda Gazette No. 53 Volume CIII dated 3rd September, 2010. Printed by UPPC, Entebbe, by Order of the Government. |
Regulation of Interception of Act 18 Communications Act 2010 THE REGULATION OF INTERCEPTION OF COMMUNICATIONS ACT, 2010 |
ARRANGEMENT OF SECTIONS. Part I—Preliminary. Section.
Part II—Control of Interception And Establishment of A Monitoring Centre.
Part III—Application For Lawful Interception of Communications.
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Regulation of Interception of Act 18 Communications Act 2010 Section
Part IV—Postal Articles.
Part V—General.
SCHEDULE Currency Point |
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THE REGULATION OF INTERCEPTION OF COMMUNICATIONS ACT, 2010. 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 Uganda; to provide for the establishment of a monitoring centre; and to provide for any other related matters. Date of Assent: 5th August, 2010. Date of Commencement: 3rd September, 2010. Be it enacted by Parliament as follows: Part I—Preliminary.
(1) In this Act, unless the context otherwise requires— “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 that facility; |
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“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; “authorised person” means a person referred to in subsection (1) of section 4; “call” means any connection, fixed or temporary, established and transferring information between two or more users of a telecommunications system; “call-related information” includes switching, dialing or signaling 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; “Commission” means the Uganda Communications Commission established by section 3 of the Uganda Communications Act, Cap 106; “currency point” has the value assigned to it in the Schedule; “customer” means—
“designated judge” means a judge designated by the Chief Justice to perform the functions of a designated judge for purposes of this Act; |
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“intercept”, in relation to any communication which is sent—
“interception interface” means the physical location within the service provider’s telecommunication facilities where access to the intercepted communication or call related information is provided; “interception subject” or “interception 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 responsible for security or any other Minister to whom the President may from time to time assign the administration of this Act; “monitor” includes to listen to or record a monitoring device, and “monitoring” has a corresponding meaning; “monitoring device” means any electronic, mechanical or other instrument, device, equipment or apparatus which is used or can be used, whether by itself or in combination with any other instrument, device, equipment or apparatus, to listen to, read, copy or record any communication; “monitoring centre” means a central monitoring apparatus established by section 3 (1) (a), and 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 authorized person; “national security of Uganda” includes matters relating to the existence, independence or safety of the State; |
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“party” in relation to a communication, means a person whose access to the communication is or might reasonably be known by all other parties; “postal services” means the services performed and facilities provided in connection with—
“protected information” means information that is encrypted by means of a key; “relevant Ministers” means the Cabinet Ministers responsible for—
“retention order” means an order to retain a postal article issued under section 13; “service provider” means the provider of a postal service or telecommunication service; “SIM-card” means the Subscriber Identity Module which is an independent, electronically activated device designed for use in conjunction with a cellular phone to enable the user of the cellular phone to transmit and receive indirect communications by providing access to telecommunication systems and enabling such telecommunication systems to idenfify the particular Subscriber Identity Module and its installed information; |
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“state” means the Government of Uganda; “telecommunication services” means a service consisting of transmission of data, voice, or images by wire, optical or other electronically guided media systems whether or not the signs, signals, writing, images, sounds or intelligence have been subjected to rearrangement, computation or other process by any means in the course of their transmission, emission or reception; and “warrant” means an interception warrant issued under section 5.
Part II—Control of Interception And Establishment of A Monitoring Centre.
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on the interception of communications under this Act. Part Ill—Application For Lawful Interception of Communications.
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A warrant shall—
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Evidence obtained by means of an interception made in excess of a warrant issued under the provisions of this Act is admissible in evidence in criminal proceedings only with the leave of the court; and in granting or refusing such leave the court shall have regard to, among other things—
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customer.
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the authorized person may, by notice to the person whom he or she believes to have possession of the key, impose a disclosure requirement in respect of the protected information.
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he or she shall disclose the information referred to in paragraph (b) to the authorised person.
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shall be borne by the telecommunication service provider.
information key holder.
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Part IV—Postal Articles
he or she may apply to a designated judge for a retention order to retain the postal article for the purpose of examination. |
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Part V—General
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Regulation of Interception of Act 18 Communications Act SCHEDULE CURRENCY POINT A currency point is equal to twenty thousand Uganda Shillings. |
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Cross References Anti - Terrorism Act, Act No.14 of 2002. Uganda Communications Act, Cap. 106. Uganda Posts and Telecommunications Corporation Act, Cap. 107. |
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