Update on new Interception Act
The announcement that the Regulation of Interception of Communications and Provision of Communication-related Information Act (“RICA”) had been finalised and signed into law was met with a furious flurry of publicity surrounding employers’ rights to intercept and monitor employee communications.
A year later RICA has still not been enacted into law by announcement in the Government Gazette – what seems to be the problem?
The principal stumbling block to the commencement of RICA is the question of who will pay for the installation and maintenance of the equipment which ISPs will require in order to meet their monitoring and storage obligations under RICA. Government has now indicated that it is prepared to bear some of this cost – SA internet users will probably indirectly finance the balance through increased subscriptions.
Word from the Department of Communications is that this and other issues, including storage periods and legal drafting problems, are currently being negotiated between government, industry representatives and Telkom. Although government recently took in tenders for the establishment of Interception Centres there is still no clarity on when RICA will actually come into force.
We will keep you posted.
18 Jun 2004
This article is intended to provide general guidance and does not constitute professional advice relating to specific instances. Should you wish to place any reliance on the information presented in this article we strongly advise that you consult your legal advisor or the Electronic Law Consultancy - info@e-lawconsultancy.co.za
