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, 70-71Official 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(1) 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. Section 48(2) gives a subscriber the right to require a service provider to correct or remove information relating to them, with a right under section 48(3) to complain to the Nauru Communications Authority if the provider fails or declines to act.
Section 48(4) limits retention of a subscriber's information to billing purposes only, for no more than seven years. Section 49(1) requires a service provider to take all reasonable steps to maintain the confidentiality of subscriber communications, and section 49(2) bars it from intercepting, monitoring, altering, or modifying their content except as permitted or required by law.
Section 49(3) lets a subscriber ask the Chief Regulator to direct a service provider to monitor communications to the subscriber's own connections for tracing a harassing, offensive, or illegal call, and section 49(4) lets the Chief Regulator issue that direction. Section 70(1) extends the confidentiality duty to all communications and other information received from a subscriber, binding the Authority's staff and a service provider's employees and agents alongside the provider itself.
Section 70(2) makes it an offence for anyone outside that group acting lawfully in the course of duty to intentionally intercept, use, or disclose a subscriber's communications or information, punishable by a fine not exceeding $10,000 or imprisonment not exceeding two years, or both.
Section 71 separately makes it an offence, carrying the same penalty, for a staff member, service provider, or its employee, agent, or contractor to intentionally and without lawful excuse modify or interfere with the contents of a communication sent over a communications network, outside the proper course of their duties. These duties bind only a licensed communications service provider's handling of its own subscribers, not personal data generally.
What it requires