Regulation of Interception of Communications Act

Cap. 101 Act 18 of 2010 Current version · as at 31 December 2023

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 for related matters.

Enacted2010

Commenced3 September 2010

Last amended—

About this Act

Jurisdiction

Uganda

Type

Principal Legislation

Status

In force

Language

English

Full text of the Act

5 parts · 17 sections

Enhanced Annotated View adds approved, source-linked propositions, operative requirements, judicial passages, related provisions, amendment notes and authority status. Choose Original PDF to inspect the source consolidation.

Uganda

Regulation of Interception of Communications Act

Chapter 101

Commenced on 3 September 2010

[This is the version of this document at 31 December 2023.]

Part I

1. Interpretation

(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;

"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 section 4(1) ;

"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 signalling 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 4 of the Uganda Communications Act;

"currency point" has the value assigned to it in the Schedule to this Act;

"customer" means-

(a)

a person, body or organisation which has entered into a contract with the service provider for the provision of a telecommunication service to that person, body or organisation; or

(b)

a person to whom or any body or organisation to which a service provider provides a pre-paid telecommunication service;

"designated judge" means a judge designated by the Chief Justice to perform the functions of a designated judge for purposes of this Act;

"intercept", in relation to any communication which is sent-

(a)

by means of a telecommunication system or radio communication system, means to listen to, record, read or copy the contents, whether in whole or in part;

(b)

by post, means to read or copy the contents, whether in whole or in part;

"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 authorised person;

"national security of Uganda" includes matters relating to the existence, independence or safety of the State;

"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-

(a)

the collection, transmission and delivery by land, water or air of postal articles;

(b)

the issue of postage stamps and the use of franking machines;

(c)

the issue and payment of money from one place to another place or address commonly referred to as money ordering;

"protected information" means information that is encrypted by means of a key;

"relevant Ministers" means the Cabinet Ministers responsible for-

(a)

defence;

(b)

internal affairs; and

(c)

information and communications technology;

"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 identify the particular Subscriber Identity Module and its installed information;

"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 re-arrangement, 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 .

(2)

Any word or expression used in this Act, and which has been defined in the Uganda Communications Act, shall have the meaning assigned to it in the Uganda Communications Act.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Definition

This section supplies the definitions or statutory meaning governing “Interpretation”.

“(1) In this Act, unless the context otherwise requires-”

Primary legislation Source quotation matched

Practical effect

Use this definition when interpreting other provisions that employ the language addressed by “Interpretation”.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

"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 section 4(1);
"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 signalling 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 4 of the Uganda Communications Act;
"currency point" has the value assigned to it in the Schedule to this Act;
"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;

18 further items remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

Section 4 · Authorised persons to apply for warrant of interception Section 3 · Establishment of Monitoring Centre Section 13 · Application for retention order Section 5 · Issue of warrant Uganda Communications Act

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Part II

2. Control of interception

(1)

Without prejudice to the provisions of Part VII of the Anti-Terrorism Act, and subject to subsection (2), a person shall not-

(a)

intercept any communication in the course of its transmission by means of a telecommunication system or radio communication system unless-

(i)

he or she is a party to the communication;

(ii)

he or she has the consent of the person to whom, or the person by whom, the communication is sent; or

(iii)

he or she is authorised by warrant;

(b)

intercept any communication in the course of its transmission through the post unless-

(i)

he or she has the consent of the person to whom, or the person by whom, the communication is sent; or

(ii)

he or she is authorised by warrant.

(2)

Subsection (1) shall not apply to the bona fide interception of a communication for the purpose of or in connection with the provision, installation, maintenance or repair of a postal, telecommunication or radio communication service.

(3)

Subject to subsections (1) and (2), any person who intentionally intercepts or attempts to intercept, or authorises or procures any other person to intercept or attempt to intercept at any place, any communication in the course of its occurrence or transmission commits an offence and shall on conviction be liable to a fine not exceeding one hundred twenty currency points or to imprisonment for a term not exceeding five years, or both.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Definition

This section supplies the definitions or statutory meaning governing “Control of interception”.

“(1) Without prejudice to the provisions of Part VII of the Anti-Terrorism Act, and subject to subsection (2), a person shall not-”

Primary legislation Source quotation matched

Practical effect

Use this definition when interpreting other provisions that employ the language addressed by “Control of interception”.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(1) Without prejudice to the provisions of Part VII of the Anti-Terrorism Act, and subject to subsection (2), a person shall not-
(a) intercept any communication in the course of its transmission by means of a telecommunication system or radio communication system unless-
(i) he or she is a party to the communication;
(ii) he or she has the consent of the person to whom, or the person by whom, the communication is sent; or
(iii) he or she is authorised by warrant;
(b) intercept any communication in the course of its transmission through the post unless-
(i) he or she has the consent of the person to whom, or the person by whom, the communication is sent; or
(ii) he or she is authorised by warrant.

2 further items remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

Anti-Terrorism Act

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

3. Establishment of Monitoring Centre

(1)

The Minister shall, in consultation with the relevant Ministers, at the expense of the State-

(a)

establish a centre to be known as the Monitoring Centre for the interception of communications under this Act;

(b)

equip, operate and maintain the Monitoring Centre;

(c)

acquire, install and maintain connections between telecommunication systems and the Monitoring Centre; and

(d)

administer the Monitoring Centre.

(2)

The Minister shall exercise responsibility over the administration and functioning of the Monitoring Centre.

(3)

Notwithstanding the provisions of the Uganda Communications Act, the Monitoring Centre shall, for purposes of performing its functions under this Act, be exempted from-

(a)

obtaining any kind of licence required by that Act; or

(b)

paying any fees payable under that Act.

(4)

The Monitoring Centre shall be the sole facility through which authorised interceptions shall be effected.

(5)

The Monitoring Centre shall be manned, controlled and operated by officers designated by the Minister and the relevant Ministers.

(6)

The officers referred to in subsection (5) shall give advice to-

(a)

authorised persons; and

(b)

service providers, on the interception of communications under this Act.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Establishment of Monitoring Centre”.

“(1) The Minister shall, in consultation with the relevant Ministers, at the expense of the State-”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(1) The Minister shall, in consultation with the relevant Ministers, at the expense of the State-
(a) establish a centre to be known as the Monitoring Centre for the interception of communications under this Act;
(b) equip, operate and maintain the Monitoring Centre;
(c) acquire, install and maintain connections between telecommunication systems and the Monitoring Centre; and
(d) administer the Monitoring Centre.
(2) The Minister shall exercise responsibility over the administration and functioning of the Monitoring Centre.
(3) Notwithstanding the provisions of the Uganda Communications Act, the Monitoring Centre shall, for purposes of performing its functions under this Act, be exempted from-
(a) obtaining any kind of licence required by that Act; or

6 further items remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

Uganda Communications Act

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Part III

4. Authorised persons to apply for warrant of interception

(1)

An application for the lawful interception of any communication may be made by the following persons-

(a)

the Chief of Defence Forces or his or her nominee;

(b)

the Director General of the External Security Organisation or his or her nominee;

(c)

the Director General of the Internal Security Organisation or his or her nominee; or

(d)

the Inspector General of Police or his or her nominee.

(2)

The application under subsection (1) shall be made by an authorised person to a designated judge to issue a warrant for the interception of any communication.

(3)

The application under subsection (1) shall contain the following information-

(a)

the person or customer, if known, whose communication is required to be intercepted;

(b)

the service provider to whom the direction to intercept the communication must be addressed, if applicable;

(c)

the nature and location of the facilities from which, or the place at which, the communication is to be intercepted, if known;

(d)

full particulars of all the facts and circumstances alleged by the applicant in support of his or her application;

(e)

the period for which the warrant is required to be issued; and

(f)

any other information which may be required by a designated judge to make an appropriate decision.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Authorised persons to apply for warrant of interception”.

“(1) An application for the lawful interception of any communication may be made by the following persons-”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(1) An application for the lawful interception of any communication may be made by the following persons-
(a) the Chief of Defence Forces or his or her nominee;
(b) the Director General of the External Security Organisation or his or her nominee;
(c) the Director General of the Internal Security Organisation or his or her nominee; or
(d) the Inspector General of Police or his or her nominee.
(2) The application under subsection (1) shall be made by an authorised person to a designated judge to issue a warrant for the interception of any communication.
(3) The application under subsection (1) shall contain the following information-
(a) the person or customer, if known, whose communication is required to be intercepted;

5 further items remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

5. Issue of warrant

(1)

A warrant shall be issued by a designated judge to an authorised person referred to in section 4(2) if there are reasonable grounds for a designated judge to believe that-

(a)

an offence which may result to loss of life or threat to life has been or is being or will probably be committed;

(b)

an offence of drug trafficking or human trafficking has been or is being or will probably be committed;

(c)

the gathering of information concerning an actual threat to national security or to any national economic interest is necessary;

(d)

the gathering of information concerning a potential threat to public safety, national security or any national economic interest is necessary; or

(e)

there is a threat to the national interest involving the State's international relations or obligations.

(2)

In the case of urgency or existence of exceptional circumstances, a designated judge may permit an oral application by an authorised person if the designated judge is of the opinion that it is not reasonably practicable to make a written application, but in such a case a formal application under this Part shall be lodged within forty-eight hours with the designated judge.

(3)

A designated judge may, if he or she is of the opinion that the circumstances so require-

(a)

upon an application being made under this Part, issue an order rejecting the application; or

(b)

after a warrant has been issued, amend or revoke the warrant.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Offence or consequence

This section creates or governs statutory liability concerning “Issue of warrant”.

“(1) A warrant shall be issued by a designated judge to an authorised person referred to in section 4(2) if there are reasonable grounds for a designated judge to believe that-”

Primary legislation Source quotation matched

Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(1) A warrant shall be issued by a designated judge to an authorised person referred to in section 4(2) if there are reasonable grounds for a designated judge to believe that-
(a) an offence which may result to loss of life or threat to life has been or is being or will probably be committed;
(b) an offence of drug trafficking or human trafficking has been or is being or will probably be committed;
(c) the gathering of information concerning an actual threat to national security or to any national economic interest is necessary;
(d) the gathering of information concerning a potential threat to public safety, national security or any national economic interest is necessary; or
(e) there is a threat to the national interest involving the State's international relations or obligations.
(2) In the case of urgency or existence of exceptional circumstances, a designated judge may permit an oral application by an authorised person if the designated judge is of the opinion that it is not reasonably practicable to make a written application, but in such a case a formal application under this Part shall be lodged within forty-eight hours with the designated judge.
(3) A designated judge may, if he or she is of the opinion that the circumstances so require-

2 further items remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

Section 4 · Authorised persons to apply for warrant of interception

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

6. Scope of warrant

A warrant shall (a) be valid for a period of three months and may, for good cause shown by the authorised person, be renewed by a designated judge;

(b)

specify the name and the address of the interception subject and the manner of interception;

(c)

order the service provider to strictly comply with such technical requirements as may be specified by a designated judge to facilitate the interception;

(d)

specify the apparatus and other means that are to be used for identifying the communication that is to be intercepted; and

(e)

contain any other necessary details relating to the interception subject.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Scope rule

This section defines when and how “Scope of warrant” applies.

“A warrant shall (a) be valid for a period of three months and may, for good cause shown by the authorised person, be renewed by a designated judge;”

Primary legislation Source quotation matched

Practical effect

Confirm that the matter and forum fall within this section before applying the Act's remaining provisions.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(b) specify the name and the address of the interception subject and the manner of interception;
(c) order the service provider to strictly comply with such technical requirements as may be specified by a designated judge to facilitate the interception;
(d) specify the apparatus and other means that are to be used for identifying the communication that is to be intercepted; and
(e) contain any other necessary details relating to the interception subject.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

7. Evidence obtained in excess of warrant

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 (a) the circumstances in which the evidence was obtained;

(b)

the potential effect of its admission or exclusion on issues of national security; and

(c)

the unfairness to the accused that may be occasioned by its admission or exclusion.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Definition

This section supplies the definitions or statutory meaning governing “Evidence obtained in excess of warrant”.

“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 (a) the circumstances in which the evidence was obtained;”

Primary legislation Source quotation matched

Practical effect

Use this definition when interpreting other provisions that employ the language addressed by “Evidence obtained in excess of warrant”.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(b) the potential effect of its admission or exclusion on issues of national security; and
(c) the unfairness to the accused that may be occasioned by its admission or exclusion.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

8. Assistance by service providers

(1)

A service provider shall ensure that-

(a)

its postal or telecommunications systems are technically capable of supporting lawful interceptions at all times in accordance with section 11 ;

(b)

it installs hardware and software facilities and devices to enable interception of communications at all times or when so required, as the case may be;

(c)

its services are capable of rendering real time and full time monitoring facilities for the interception of communications;

(d)

all call-related information is provided in real time or as soon as possible upon call termination;

(e)

it provides one or more interfaces from which the intercepted communication shall be transmitted to the monitoring centre;

(f)

intercepted communications are transmitted to the monitoring centre via fixed or switched connection as may be specified by the Minister;

(g)

it provides access to all the interception subjects operating temporarily or permanently within their communication systems, and, where the interception subject may be using features to divert calls to other service providers or terminal equipment, access to such other providers or equipment;

(h)

it provides, where necessary, the capacity to implement a number of simultaneous interceptions in order-

(i)

to allow monitoring by more than one authorised person;

(ii)

to safeguard the identities of monitoring agents and ensure the confidentiality of the investigations;

(i)

all interceptions are implemented in such a manner that neither the interception subject nor any other unauthorised person is aware of any changes made to fulfill the warrant.

(2)

Where a service provider fails to give assistance under this section-

(a)

he or she commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred twenty currency points or to imprisonment for a term not exceeding five years, or both; and

(b)

the Minister responsible for information and communications technology in consultation with the Uganda Communications Commission may, cancel his or her licence.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Offence or consequence

This section creates or governs statutory liability concerning “Assistance by service providers”.

“(1) A service provider shall ensure that-”

Primary legislation Source quotation matched

Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(1) A service provider shall ensure that-
(a) its postal or telecommunications systems are technically capable of supporting lawful interceptions at all times in accordance with section 11;
(b) it installs hardware and software facilities and devices to enable interception of communications at all times or when so required, as the case may be;
(c) its services are capable of rendering real time and full time monitoring facilities for the interception of communications;
(d) all call-related information is provided in real time or as soon as possible upon call termination;
(e) it provides one or more interfaces from which the intercepted communication shall be transmitted to the monitoring centre;
(f) intercepted communications are transmitted to the monitoring centre via fixed or switched connection as may be specified by the Minister;
(g) it provides access to all the interception subjects operating temporarily or permanently within their communication systems, and, where the interception subject may be using features to divert calls to other service providers or terminal equipment, access to such other providers or equipment;

7 further items remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

Section 11 · Interception capability of telecommunication service

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

9. Duties of telecommunication service provider in relation to customer

(1)

Before a telecommunication service provider enters into a contract with any person for the provision of a telecommunication service to that person, it shall obtain-

(a)

the person's full name, residential address, business address, postal address and his or her identity number contained in his or her identity document, if applicable;

(b)

in the case where the person is a business organisation, its business name and address and the manner in which it is incorporated or registered;

(c)

any other information which the telecommunication service provider deems necessary for the purpose of enabling it to comply with this Act.

(2)

The telecommunication service providers shall ensure that existing subscribers register their SIM cards within the period of six months from the date of commencement of the Act.

(3)

A telecommunication service provider shall ensure that proper records are kept of the information referred to in subsection (1) and any change in such information.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Procedural rule

This section establishes the governing procedure for “Duties of telecommunication service provider in relation to customer”.

“(1) Before a telecommunication service provider enters into a contract with any person for the provision of a telecommunication service to that person, it shall obtain-”

Primary legislation Source quotation matched

Practical effect

A litigant should address this rule at the procedural stage named in the section and preserve evidence of compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(1) Before a telecommunication service provider enters into a contract with any person for the provision of a telecommunication service to that person, it shall obtain-
(a) the person's full name, residential address, business address, postal address and his or her identity number contained in his or her identity document, if applicable;
(b) in the case where the person is a business organisation, its business name and address and the manner in which it is incorporated or registered;
(c) any other information which the telecommunication service provider deems necessary for the purpose of enabling it to comply with this Act.
(2) The telecommunication service providers shall ensure that existing subscribers register their SIM cards within the period of six months from the date of commencement of the Act.
(3) A telecommunication service provider shall ensure that proper records are kept of the information referred to in subsection (1) and any change in such information.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

10. Notice of disclosure of protected information

(1)

Subject to the provisions of this Act, where an authorised person believes on reasonable grounds-

(a)

that a key to any protected information is in the possession of any person; and

(b)

that the imposition of a disclosure requirement in respect of the protected information is necessary-

(i)

in the interest of national security;

(ii)

for the purpose of preventing or detecting an offence that may result to loss of life or threat to life;

(iii)

for the purpose of preventing or detecting an offence of drug trafficking or human trafficking; or

(iv)

in the interest of the economic well-being of Uganda, the authorised 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.

(2)

A notice under this section imposing a disclosure requirement in respect of any protected information shall-

(a)

be in writing;

(b)

describe the protected information to which the notice relates;

(c)

specify why the protected information is required;

(d)

specify a reasonable time by which a notice is to be complied with; and

(e)

set out the disclosure that is required by the notice and the 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 identified in or under the notice.

(4)

A person to whom a notice has been given under this section and who is in possession of both the protected information and the key thereto shall-

(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)

Where 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 shall disclose the information referred to in paragraph (b) to the authorised person.

(6)

Any person who fails to make the disclosure required by a notice issued under this section commits an offence and is liable, on conviction, to a fine not exceeding one hundred twenty currency points or to imprisonment for a term not exceeding five years, or both.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Offence or consequence

This section creates or governs statutory liability concerning “Notice of disclosure of protected information”.

“(1) Subject to the provisions of this Act, where an authorised person believes on reasonable grounds-”

Primary legislation Source quotation matched

Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(1) Subject to the provisions of this Act, where an authorised person believes on reasonable grounds-
(a) that a key to any protected information is in the possession of any person; and
(b) that the imposition of a disclosure requirement in respect of the protected information is necessary-
(i) in the interest of national security;
(ii) for the purpose of preventing or detecting an offence that may result to loss of life or threat to life;
(iii) for the purpose of preventing or detecting an offence of drug trafficking or human trafficking; or
(iv) in the interest of the economic well-being of Uganda, the authorised 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.
(2) A notice under this section imposing a disclosure requirement in respect of any protected information shall-

15 further items remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

11. Interception capability of telecommunication service

(1)

Notwithstanding any other law, a telecommunication service provider shall-

(a)

provide a telecommunication service which has the capability to be intercepted; and

(b)

store call-related information in accordance with a directive issued under subsection (2).

(2)

The Minister responsible for information and communications technology shall, on the commencement of this Act, issue a directive to telecommunication service providers specifying-

(a)

the manner in which effect is to be given to subsection (1) by every telecommunication service provider;

(b)

the security, technical and functional requirements of the facilities and devices to be acquired by every telecommunication service provider to enable-

(i)

the interception of communication under this Act; and

(ii)

the storing of call-related information; and

(c)

the period within which the directive must be complied with.

(3)

A directive referred to in subsection (2) shall specify-

(a)

the capacity and technical features of the devices or systems to be used for interception purposes;

(b)

the connectivity of the devices or systems to be used for interception purposes with the monitoring centre;

(c)

the manner of routing intercepted information to the monitoring centre; and

(d)

any other relevant matter which the Minister responsible for information and communications technology deems necessary or expedient.

(4)

Notwithstanding any other law, agreement or licence, a telecommunication service provider shall, at its own expense, acquire whether by purchasing or leasing, the facilities and devices specified in a directive issued under subsection (2).

(5)

Subject to section 12 , any cost incurred by a telecommunication service provider under this Act for the purpose of-

(a)

enabling a telecommunication service to be intercepted and call-related information to be stored; and

(b)

complying with this section and section 8 , shall be borne by the telecommunication service provider.

(6)

A directive issued under subsection (2) may in a like manner be amended or withdrawn.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Procedural rule

This section establishes the governing procedure for “Interception capability of telecommunication service”.

“(1) Notwithstanding any other law, a telecommunication service provider shall-”

Primary legislation Source quotation matched

Practical effect

A litigant should address this rule at the procedural stage named in the section and preserve evidence of compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(1) Notwithstanding any other law, a telecommunication service provider shall-
(a) provide a telecommunication service which has the capability to be intercepted; and
(b) store call-related information in accordance with a directive issued under subsection (2).
(2) The Minister responsible for information and communications technology shall, on the commencement of this Act, issue a directive to telecommunication service providers specifying-
(a) the manner in which effect is to be given to subsection (1) by every telecommunication service provider;
(b) the security, technical and functional requirements of the facilities and devices to be acquired by every telecommunication service provider to enable-
(i) the interception of communication under this Act; and
(ii) the storing of call-related information; and

11 further items remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

Section 12 · Compensation payable to service provider or protected information key holder Section 8 · Assistance by service providers

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

12. Compensation payable to service provider or protected information key holder

(1)

The Minister shall, after consultation with the Minister responsible for information and communications technology, by notice in the Gazette prescribe-

(a)

the nature or form of assistance given by a service provider or protected information key holder in the execution of a warrant or directive issued under this Act for which it must be compensated by the State; and

(b)

reasonable tariffs of compensation payable to a service provider or protected information key holder for providing the nature or form of the assistance referred to in paragraph (a).

(2)

The tariffs prescribed under subsection (1)(b)-

(a)

may differ in respect of different categories of service providers or protected information key holders;

(b)

shall be uniform in respect of each service provider or protected information key holder falling within the same category.

(3)

The nature or form of assistance referred to in subsection (1)(a) shall include, in the case of-

(a)

a telecommunication service provider, the making available of a facility, device or telecommunication system;

(b)

a protected information key holder-

(i)

the disclosure of the key; and

(ii)

the provision of assistance in rendering intelligible the protected information.

(4)

The compensation payable to a service provider or protected information key holder shall only be for direct costs incurred in respect of personnel and administration services which are required for purposes of providing any of the forms of assistance referred to in subsection (1)(a).

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Procedural rule

This section establishes the governing procedure for “Compensation payable to service provider or protected information key holder”.

“(1) The Minister shall, after consultation with the Minister responsible for information and communications technology, by notice in the Gazette prescribe-”

Primary legislation Source quotation matched

Practical effect

A litigant should address this rule at the procedural stage named in the section and preserve evidence of compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(1) The Minister shall, after consultation with the Minister responsible for information and communications technology, by notice in the Gazette prescribe-
(a) the nature or form of assistance given by a service provider or protected information key holder in the execution of a warrant or directive issued under this Act for which it must be compensated by the State; and
(b) reasonable tariffs of compensation payable to a service provider or protected information key holder for providing the nature or form of the assistance referred to in paragraph (a).
(2) The tariffs prescribed under subsection (1)(b)-
(a) may differ in respect of different categories of service providers or protected information key holders;
(b) shall be uniform in respect of each service provider or protected information key holder falling within the same category.
(3) The nature or form of assistance referred to in subsection (1)(a) shall include, in the case of-
(a) a telecommunication service provider, the making available of a facility, device or telecommunication system;

4 further items remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Part IV

13. Application for retention order

(1)

Where an authorised person suspects on reasonable grounds that a postal article in the custody of a postal service provider-

(a)

contains anything in respect of which an offence or attempted offence is being committed;

(b)

contains anything that will afford evidence of the commission of an offence;

(c)

is being sent to further the commission of an offence; or

(d)

needs to be obtained and examined in the interests of defence, public safety or public order, he or she may apply to a designated judge for a retention order to retain the postal article for the purpose of examination.

(2)

Where a designated judge, by written order to the authorised person and the postal service provider, certifies that it is necessary for any of the purposes specified in subsection (1)(a), (b), (c) or (d) to order that a postal article in the postal service provider's custody should be retained and, if so required by the order, opened and examined, the postal service provider shall forthwith retain the postal article.

(3)

Section 4 shall apply with such modifications as may be necessary to the information required to be furnished to a designated judge before a retention order is issued.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Scope rule

This section defines when and how “Application for retention order” applies.

“(1) Where an authorised person suspects on reasonable grounds that a postal article in the custody of a postal service provider-”

Primary legislation Source quotation matched

Practical effect

Confirm that the matter and forum fall within this section before applying the Act's remaining provisions.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(1) Where an authorised person suspects on reasonable grounds that a postal article in the custody of a postal service provider-
(a) contains anything in respect of which an offence or attempted offence is being committed;
(b) contains anything that will afford evidence of the commission of an offence;
(c) is being sent to further the commission of an offence; or
(d) needs to be obtained and examined in the interests of defence, public safety or public order, he or she may apply to a designated judge for a retention order to retain the postal article for the purpose of examination.
(2) Where a designated judge, by written order to the authorised person and the postal service provider, certifies that it is necessary for any of the purposes specified in subsection (1)(a), (b), (c) or (d) to order that a postal article in the postal service provider's custody should be retained and, if so required by the order, opened and examined, the postal service provider shall forthwith retain the postal article.
(3) Section 4 shall apply with such modifications as may be necessary to the information required to be furnished to a designated judge before a retention order is issued.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

Section 4 · Authorised persons to apply for warrant of interception

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

14. Examination and accountability for retained postal articles

(1)

On the day appointed by or under a retention order, the authorised person shall, in the presence of a representative of the postal service provider, examine the retained postal article.

(2)

Where, on examination of a postal article under subsection (1), the suspicion that gave rise to its examination-

(a)

is substantiated, the postal article may be retained for the purposes of evidence in a criminal prosecution or destroyed or dealt with in such other manner as may be authorised by the retention order;

(b)

is not substantiated, the postal article shall be delivered to the person to whom it is addressed or to his or her representative on payment of the postage payable on the article.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Examination and accountability for retained postal articles”.

“(1) On the day appointed by or under a retention order, the authorised person shall, in the presence of a representative of the postal service provider, examine the retained postal article.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(1) On the day appointed by or under a retention order, the authorised person shall, in the presence of a representative of the postal service provider, examine the retained postal article.
(2) Where, on examination of a postal article under subsection (1), the suspicion that gave rise to its examination-
(a) is substantiated, the postal article may be retained for the purposes of evidence in a criminal prosecution or destroyed or dealt with in such other manner as may be authorised by the retention order;
(b) is not substantiated, the postal article shall be delivered to the person to whom it is addressed or to his or her representative on payment of the postage payable on the article.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Part V

15. Restriction on disclosure

(1)

No person may disclose any communication or information which he or she obtained in the exercise of his or her powers or the performance of his or her duties under this Act, except-

(a)

to any other person who of necessity requires it for the like exercise or performance of his or her functions under this Act;

(b)

information which is required to be disclosed under any law or as evidence in any court of law.

(2)

No-

(a)

service provider or protected information key holder may disclose any information which it obtained in compliance with this Act; or

(b)

employee of a service provider or protected information key holder may disclose any information which he or she obtained in the course of his or her employment and which is connected with the exercise of any power or the performance of any duty under this Act.

(3)

Any person who discloses any information in contravention of subsection (1) commits an offence and is liable, on conviction, to a fine not exceeding one hundred twenty currency points or to imprisonment for a term not exceeding five years, or both.

(4)

The Minister responsible for information and communications technology, may revoke the licence of any service provider or protected information key holder who discloses any information in contravention of subsection (1).

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Offence or consequence

This section creates or governs statutory liability concerning “Restriction on disclosure”.

“(1) No person may disclose any communication or information which he or she obtained in the exercise of his or her powers or the performance of his or her duties under this Act, except-”

Primary legislation Source quotation matched

Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(1) No person may disclose any communication or information which he or she obtained in the exercise of his or her powers or the performance of his or her duties under this Act, except-
(a) to any other person who of necessity requires it for the like exercise or performance of his or her functions under this Act;
(b) information which is required to be disclosed under any law or as evidence in any court of law.
(2) No-
(a) service provider or protected information key holder may disclose any information which it obtained in compliance with this Act; or
(b) employee of a service provider or protected information key holder may disclose any information which he or she obtained in the course of his or her employment and which is connected with the exercise of any power or the performance of any duty under this Act.
(3) Any person who discloses any information in contravention of subsection (1) commits an offence and is liable, on conviction, to a fine not exceeding one hundred twenty currency points or to imprisonment for a term not exceeding five years, or both.
(4) The Minister responsible for information and communications technology, may revoke the licence of any service provider or protected information key holder who discloses any information in contravention of subsection (1).

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

16. Regulations

(1)

The Minister may, by statutory instrument, make regulations for better carrying into effect the provisions of this Act.

(2)

Regulations made under this section shall, within fourteen days after being published in the Gazette, be laid before Parliament.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Regulations”.

“(1) The Minister may, by statutory instrument, make regulations for better carrying into effect the provisions of this Act.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

(1) The Minister may, by statutory instrument, make regulations for better carrying into effect the provisions of this Act.
(2) Regulations made under this section shall, within fourteen days after being published in the Gazette, be laid before Parliament.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

17. Power to amend Schedule

The Minister may, by statutory instrument, with the approval of Cabinet, amend the Schedule to this Act Schedule (Sections 1 , 17 )

Currency point A currency point is equivalent to twenty thousand shillings.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Power to amend Schedule”.

“The Minister may, by statutory instrument, with the approval of Cabinet, amend the Schedule to this Act Schedule (Sections 1, 17)”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

The Minister may, by statutory instrument, with the approval of Cabinet, amend the Schedule to this Act Schedule (Sections 1, 17)

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

Section 1 · Interpretation

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Original Laws of Uganda consolidation (as at 31 December 2023) — public-domain legislation, consolidated by ULII / Laws.Africa (CC BY 4.0). This is a point-in-time text and may not reflect later amendments; confirm against the latest Uganda Gazette before relying on it.

Quick facts

Short title: Regulation of Interception of Communications Act
Cap.: Cap. 101
Enacted: 2010
Commencement: 3 September 2010
Last amended by: —

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Versions

Current

as at 31 December 2023

In force

Earlier points in time

Commenced 3 September 2010

Cases interpreting this Act

No judgments citing this Act have been recorded in the corpus yet.