By ticking the box, you are aware that accessing information or data with the intent to commit or facilitate commission of an offence is a crime under the cybercrime and computer related crimes act of 2018. By ticking this box, you are further aware that any person who performs any act for purposes of obtaining any unlawful advantage by causing forged data to be produced, with the intent that it be considered or acted upon as if it were authentic, commits an offence and is liable to a fine not exceeding P100 000 or to imprisonment for a term not exceeding seven years, or to both.

THE DATA PROTECTION ACT, 2018

The online self-registration platform is developed by the Ministry of Health and Wellness. personal data will be collected incompliance with the data protection act, 2018. The specific sections of 23 and 24 of the Act, among others, guides on processing of sensitive data for health and medical purposes as well as processing data for research, scientific and statistics purposes.

The specific sections are detailed as follows:

23. (1) A health professional or other person who is subject to the obligation of professional secrecy, may process sensitive personal data for health or medical purposes, where the processing is necessary for — preventive medicine and the protection of public health; medical diagnosis; health care; or the management of health and hospital care services.

(2) For the purposes of this section, a "health professional" means a person registered under the Botswana Health Professions Act, the Nurses and Midwives Act, or any other person under the personal direction or supervision of the health professional and person who is directly authorised to perform such functions.

24. (1) Sensitive personal data may be processed for research, scientific and statistics purposes: Provided that the processing is compatible with specified, explicitly stated and legitimate purposes.

(2) To determine whether the processing of sensitive personal data is necessary under subsection (1), the following shall be satisfied —in the case of research and scientific purposes, that the Commissioner has approved the processing on the advice of a committee responsible for research and scientific ethics in an institution recognised by the Commissioner; and in the case of statistics, the processing is necessary for the purposes provided under the Statistics Act.

CYBERCRIME AND COMPUTER RELATED CRIMES ACT, 2018

The online self-registration platform is developed by the Ministry of Health and Wellness. The end-user of the self-registration system shall comply with the Cybercrime and computer related crimes act of 2018. The specific sections of 6, 7, 8 and 15 of the Act, among others, criminalizes access of information or data with the intent to commit or facilitate commission of an offence; as well as making it unlawful to perform any act for purposes of obtaining any unlawful advantage by causing forged data to be produced, with the intent that it be considered or acted upon as if it were authentic.

The specific sections are detailed as follows:

6. (1) A person who, with intent to commit an offence, causes a computer or computer system to perform any function for the purpose of securing access to —
(a) any programme or data held in a computer or computer system; or
(b) a computer service, commits an offence and is liable to a fine not exceeding P20 000 or to imprisonment for a term not exceeding one year, or to both.

(2) For the purposes of this section it is immaterial that — (a) the offence facilitated under paragraph (b) is committed by a person referred to under subsection (1) or any other person; or
(b) the act is committed on. the same occasion as when the access is secured or at any other time.

7. (1) A person who intentionally and without lawful excuse or justification, does or attempts to do any of the following acts —
(a) damages, deteriorates, deletes, alters or modifies computer data;
(b) renders computer data meaningless, useless or ineffective;
(c) obstructs, interrupts or interferes with the lawful use of computer data; or
(d) denies access to computer data to any person entitled to it, commits an offence and is liable to a fine not exceeding P40 000 or to imprisonment for a term not exceeding two years, or to both.

(2) Where, as a result of the commission of an offence under subsection (1), the following is impaired, suppressed, altered or modified —
(a) the operation of a computer or computer system;
(b) access to any programme, or data held in any computer or computer system; or
(c) the operation of any programme or the reliability of any data, the person is liable to a fine not exceeding P20 000 or to imprisonment for a term not exceeding one year, or to both.

8. (1) A person who intentionally, without lawful excuse or justification —
(a) hinders or interferes with the functioning of a computer or computer system; or
(b) hinders or interferes with a person who is lawfully using or operating a computer or computer system, commits an offence and is liable to a fine not exceeding P10 000 or to imprisonment for a term not exceeding six months, or to both.
(2) A person who intentionally, without lawful excuse or justification, commits an act which causes, directly or indirectly —
(a) a denial, including a partial denial, of access to a computer or computer system; or
(b) an impairment of any programme or data stored in a computer, or computer system, commits
an offence and is liable to a minimum fine of P40 000 or to imprisonment for a minimum term of
two years, or to both.

Cyber fraud

15. (1) A person who performs any of the acts described under this Part, for purposes of obtaining any unlawful advantage by causing forged data to be produced, with the intent that it be considered or acted upon as if it were authentic, commits an offence and is liable to a fine not exceeding P100 000 or to imprisonment for a term not exceeding seven years, or to both.
(2) A person who, with intent to procure any advantage for himself or herself or another person, fraudulently causes loss of property to another person by —
(a) any input, alteration, deletion, delaying transmission or suppression of data; or
(b) any interference with the functioning of a computer or computer system, commits an offence and is liable to a fine not exceeding P100 000 or to imprisonment for a term not exceeding seven years, or to both.