Comprehensive regime
Communications and Broadcasting Act 2018, confidentiality of subscriber information and communications
Communications and Broadcasting Act 2018 (No. 21 of 2018), ss. 48-49, 70Official text of the Communications and Broadcasting Act 2018 (No. 21 of 2018)
archived copy
Read from a public archive copy, not the publisher directly. The publisher does not serve this page to automated readers, so a direct fetch was not an option here; how we access sources. Archived September 14, 2024. Publisher's page: http://ronlaw.gov.nr/nauru_lpms/files/acts/7fdfb6b20bbb42e23f5bb8daf48aa363.pdfIn force since 10 May 2018. Binds public and private bodies.
What this law does
Section 48 bars a service provider from disclosing information concerning a subscriber without the subscriber's written consent unless the Act or another written law requires or authorises the disclosure. It also gives a subscriber the right to require a service provider to correct or remove information relating to them, with a right to complain to the Nauru Communications Authority if the provider fails or declines to act.
Retention of a subscriber's information is limited to billing purposes for no more than seven years. Section 49 requires a service provider to take all reasonable steps to maintain the confidentiality of subscriber communications and bars it from intercepting, monitoring, altering, or modifying their content except as permitted or required by law.
Section 70 separately makes it an offence, punishable by a fine not exceeding $10,000 or imprisonment not exceeding two years, or both, for a person other than the Authority's staff, a service provider, or its employee, agent, or contractor acting lawfully in the course of duty to intentionally intercept, use, or disclose a subscriber's communications or information.
What it requires