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Regulation of Interception of Communications Instrument

Statutory Instrument 42 of 2011 Current version · as at 5 August 2011
Enacted2011
Commenced—
Last amended—
Point-in-time consolidation · as at 5 August 2011. This page may not reflect amendments made after that date. Confirm the current position against the latest Uganda Gazette before relying on it.

About this Act

A full descriptive summary for this Act has not been recorded yet.

Jurisdiction
Uganda
Type
Principal Legislation
Status
In force
Language
English

Full text of the Act

0 parts · 39 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 Instrument

[This is the version of this document at 5 August 2011.]

1. Title

This Instrument may be cited as the Regulation of Interception of Communications Instrument, 2011.

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 “Title”.

“This Instrument may be cited as the Regulation of Interception of Communications Instrument, 2011.”
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
  1. This Instrument may be cited as the Regulation of Interception of Communications Instrument, 2011.
Judicial interpretation

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

0

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.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

2. Interpretation

In this Instrument, unless the context otherwise requires

"Act" means the Regulation of Interception of Communications Act, 2010; "committee" means the Monitoring Centre Committee constituted under Regulation 4; "Minister" means the Minister responsible for security or any other Minister to whom the President may from time to time assign the administration of the Act; "relevant Ministers" means the Cabinet Ministers responsible for- (a) defence; (b) internal affairs; and

(c)

information and communications technology.

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”.

“In this Instrument, unless the context otherwise requires "Act" means the Regulation of Interception of Communications Act, 2010; "committee" means the Monitoring Centre Committee constituted under Regulation 4; "Minister" means the Minister responsible for security or any other Minister to whom the President may from time to time assign the administration of the Act; "relevant Ministers" means the Cabinet Ministers responsible for- (a) defence; (b) internal affairs; and”
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.

1
  1. (c) information and communications technology.
Judicial interpretation

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

0

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
Regulation of Interception of Communications Act
Amendment notes

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

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

3. Establishment of Monitoring Centre

(1)

There is established a centre to be known as the Monitoring Centre.

(2)

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

(a)

equip, operate and maintain the Monitoring Centre;

(b)

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

(c)

administer the Monitoring Centre.

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) There is established a centre to be known as the Monitoring Centre.”
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.

5
  1. (1) There is established a centre to be known as the Monitoring Centre.
  2. (2) The Minister shall, in consultation with the relevant Ministers, at the expense of the State-
  3. (a) equip, operate and maintain the Monitoring Centre;
  4. (b) acquire, install and maintain connections between telecommunications systems and the Monitoring Centre; and
  5. (c) administer the Monitoring Centre.
Judicial interpretation

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

0

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.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

4. Constitution of board of Monitoring Centre

For the purposes of administering the Monitoring Centre there is constituted a committee of relevant Ministers to be known as the Monitoring Centre Committee which shall consist of-

(a)

the Minister who shall be the chairperson;

(b)

the Cabinet Minister responsible for defence;

(c)

the Cabinet Minister responsible for internal affairs; and

(d)

the Cabinet Minister responsible for information and communications technology.

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 “Constitution of board of Monitoring Centre”.

“For the purposes of administering the Monitoring Centre there is constituted a committee of relevant Ministers to be known as the Monitoring Centre Committee which shall consist of-”
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.

4
  1. (a) the Minister who shall be the chairperson;
  2. (b) the Cabinet Minister responsible for defence;
  3. (c) the Cabinet Minister responsible for internal affairs; and
  4. (d) the Cabinet Minister responsible for information and communications technology.
Judicial interpretation

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

0

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.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

5. Duties of committee

The duties of the committee shall include-

(a)

recommending and implementing policies for the administration of the Monitoring Centre; and

(b)

monitoring and evaluating activities of the Monitoring Centre.

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 “Duties of committee”.

“The duties of the committee shall include-”
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.

2
  1. (a) recommending and implementing policies for the administration of the Monitoring Centre; and
  2. (b) monitoring and evaluating activities of the Monitoring Centre.
Judicial interpretation

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

0

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.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

6. Application for warrant of interception

(1)

An application by an authorised person for a warrant of interception to a designated judge under section 4 of the Act shall be made in Form 1 prescribed in the Schedule to these Regulations.

(2)

A warrant of interception issued by a designated judge to an authorised person shall be in Form 2 prescribed in the Schedule to these Regulations.

(3)

In the case of urgency or existence of exceptional circumstances sa 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 Regulation shall be lodged within forty eight hours with the designated judge.

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 warrant of interception” applies.

“(1) An application by an authorised person for a warrant of interception to a designated judge under section 4 of the Act shall be made in Form 1 prescribed in the Schedule to these Regulations.”
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.

3
  1. (1) An application by an authorised person for a warrant of interception to a designated judge under section 4 of the Act shall be made in Form 1 prescribed in the Schedule to these Regulations.
  2. (2) A warrant of interception issued by a designated judge to an authorised person shall be in Form 2 prescribed in the Schedule to these Regulations.
  3. (3) In the case of urgency or existence of exceptional circumstances sa 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 Regulation shall be lodged within forty eight hours with the designated judge.
Judicial interpretation

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

0

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 · Constitution of board of Monitoring Centre
Amendment notes

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

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

7. Details of persons provided with telecommunications services

(1)

Before a telecommunications service provider enters into a contract with any person for the provision of a telecommunication service it shall obtain the details of that person.

(2)

The details required under subregulation (1) shall be obtained using Form 3 prescribed in the Schedule to these regulations.

(3)

For the avoidance of doubt every telecommunications service provider shall obtain the details of existing subscribers using Form 3 in fhe Schedule to these Regulations.

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 “Details of persons provided with telecommunications services”.

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

3
  1. (1) Before a telecommunications service provider enters into a contract with any person for the provision of a telecommunication service it shall obtain the details of that person.
  2. (2) The details required under subregulation (1) shall be obtained using Form 3 prescribed in the Schedule to these regulations.
  3. (3) For the avoidance of doubt every telecommunications service provider shall obtain the details of existing subscribers using Form 3 in fhe Schedule to these Regulations.
Judicial interpretation

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

0

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.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

8. Notice of disclosure of protected information

A notice by an authorised person to any person for the disclosure of information under section 10 of the Act shall be in Form 4 prescribed in the Schedule to these Regulations.

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 “Notice of disclosure of protected information”.

“A notice by an authorised person to any person for the disclosure of information under section 10 of the Act shall be in Form 4 prescribed in the Schedule to these Regulations.”
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
  1. A notice by an authorised person to any person for the disclosure of information under section 10 of the Act shall be in Form 4 prescribed in the Schedule to these Regulations.
Judicial interpretation

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

0

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.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

9. Application for retention order

An application for a retention order under section 13 of the Act shall be in Form 5 prescribed in the Schedule to these Regulations.

SCHEDULE Regulation 6(1)

FORM1 APPLICATION FOR A WARRANT OF INTERCEPTION.

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.

“An application for a retention order under section 13 of the Act shall be in Form 5 prescribed in the Schedule to these Regulations.”
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
  1. An application for a retention order under section 13 of the Act shall be in Form 5 prescribed in the Schedule to these Regulations.
Judicial interpretation

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

0

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.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

1. (a) Full name of the authorised person

(b)

Address of the authorised person _________

2. (a) Name of subject whose communication

is sought to be intercepted (b) Address of interception subject (if known)

(c)

Any other information on interception subject

3. Reason/facts/circumstances/ in support of application for

the issuance of a warrant of interception

4. (a) Name of telecommunications service provider

required to intercept communication

5. Period for which the warrant of interception is required

The text of this section isn't in the consolidation we hold — see the original PDF above.

6. Any other information in support of

application for warrant of interception I declare that the particulars given above are to the best of my knowledge and belief true.

Regulation 6(2)

REGULATIONS, 2011

WARRANT OF INTERCEPTION.

I (name of designated judge) hereby issue this warrant of interception to (name of authorised person) authorising the interception of communications of (name of interception subject, (if known) of. (address of interception subject, (if known) for a period of. The interception shall be carried out by (name of telecommunications service provider) which is hereby ordered to strictly comply with this warrant of interception.

Name and signature of designated Judge

Regulation 7(2) and (3) THE REGULATION OF INTERCEPTION OF COMMUNICATIONS ACT, 2010 DETAILS OF PERSON OBTAINING TELECOMMUNICATIONS SERRVICE.

1. Full name of the person(in case

person is a business organisation then state name of business organisation)

2. Residential address of person

The text of this section isn't in the consolidation we hold — see the original PDF above.

3. Postal address of person (if any)

The text of this section isn't in the consolidation we hold — see the original PDF above.

4. Business address of person (if any)

The text of this section isn't in the consolidation we hold — see the original PDF above.

5. Identity document details (Passport/ National Identity

Card, Work Permit Driver's Licence, Student Identity Card/ Certificate of Incorporation etc)

6. Nature of telecommunications service required (detailed

description of service) ____

7. Serial Number of Equipment (Sim Card/ Satellite Phone etc)

The text of this section isn't in the consolidation we hold — see the original PDF above.

8. Subscriber Number Equipment

The text of this section isn't in the consolidation we hold — see the original PDF above.

9. Any other information

Name and signature of subscriber

Name and signature of person taking details

Regulation 8.

NOTICE OF DISCLOSURE OF PROTECTED INFORMATION.

1. Full name of the person

The text of this section isn't in the consolidation we hold — see the original PDF above.

2. Residential address of person _______

The text of this section isn't in the consolidation we hold — see the original PDF above.

3. Postal address of person (if any);

The text of this section isn't in the consolidation we hold — see the original PDF above.

4. Business address of person (if any)

The text of this section isn't in the consolidation we hold — see the original PDF above.

5. Nature of protected information or disclosure required

The text of this section isn't in the consolidation we hold — see the original PDF above.

6. Manner in which the disclosure is to be made

The text of this section isn't in the consolidation we hold — see the original PDF above.

7. Time in which to comply with this Notice by person

The text of this section isn't in the consolidation we hold — see the original PDF above.

8. Reason necessitating disclosure of the protected information

Regulation 9.

REPUBLIC OF UGANDA.

APPLICATION FOR A RETENTION ORDER.

1. (a) Full name of the authorised person

(b)

Address of the authorised person

2. (a) Name of subject whose postal

article is sought to be retained (b) Address of subject whose postal article is sought to be retained (if known)

(c)

Any other information on subject whole postal article is sought to be retained _________________________ __

3. Reason/facts/circumstances/ in support of application for

the issuance of a retention order ___ ______________

4. (a) Name of postal service provider

required to retain article (b) Nature and location of facilities from which, or the place at which, the postal article is to retained (if known)

5. Manner of retention ______________

The text of this section isn't in the consolidation we hold — see the original PDF above.

6. Period for which the retention order is required

The text of this section isn't in the consolidation we hold — see the original PDF above.

7. Any other information in support of

application for retention order I declare that the particulars given above are to the best of my knowledge and belief true.

HON. AMAMA MBABAZI, Minister in charge of security.

Original Laws of Uganda consolidation (as at 5 August 2011) — 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.