[Chapter 11:20] Interception of Communications Act No. 6/2007 (b) describe the protected information to which the notice relates; and (c) specify why the protected information is required; and (d) specify a reasonable time by which the notice is to be complied with; and (e) set out the disclosure that is required by the notice and the form and manner in which it is to be made. (3) A notice under this section shall not require the making of any disclosure to any person other than— (a) the person giving the notice; or (b) such other person as may be specified in or under the notice. (4) A person to whom a notice has been given in terms of this section and who is in possession of both the protected information and the key thereto must— (a) use any key in his or her possession to provide access to the information; (b) in providing such information, make a disclosure of the information in an intelligible form. (5) If a person to whom a notice has been given is in possession of different keys, or combinations of keys, to the protected information— (a) it shall not be necessary for purposes of complying with the notice for the person given notice to disclose any keys in addition to those the disclosure of which, alone, are sufficient to enable the authorised person to obtain access to the protected information and to put it in an intelligible form; (b) the person given notice may select which of the keys or combination of keys may be used for complying with the notice. (6) If a person to whom a notice has been given— (a) has been in possession of any key to the protected information, but no longer possesses it; and (b) has information that will facilitate the obtaining or discovery of the key to protected information; he or she must disclose the information referred to in paragraph (b) to the authorised person. (7) An authorised person to whom a key has been disclosed under this section must— (a) use the key only in respect of the protected information, and in the manner and for the purposes specified in the notice; and (b) on or before the expiry of the period or extended period for which the notice has been issued, destroy all records of the disclosed key if, in the opinion of the authorised person— (i) no criminal proceedings or civil proceedings will be instituted in connection with such records; or (ii) such records will not be required for any criminal or civil proceedings. (8) A person who fails to make the disclosure required by the notice issued under this section shall be guilty of an offence and liable to a fine not exceeding level fourteen or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment. —9—

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