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Complying with RICA

July 1, 2009 – 7:59 pm by Lance Michalson

RICA EXPLAINED - a guide to the Act

Lance MichalsonSouth Africa has followed international trends with the enactment of the Regulation of Interception of Communications and Provision of Communication Related Information Act 70 of 2002 (”RICA“) which finally came into effect on 30 September 2005. RICA is the piece of legislation in South Africa that governs the interception or monitoring of paper based and electronic communications.

It has recently been in the headlines because some sections of the RICA only came into effect on 1 July 2009.  These sections mean that millions of prepaid mobile customers will need to be registered with the networks.  However, despite previous outrage by the mobile operators, it seems to be all systems go.  The press release from the Department of Justice and Constitutional Development provides a full explanation.

Click here for a RICA leaflet about registering your cell phone number.

RICA is the piece of legislation in South Africa
that governs the interception or
monitoring of communications

rica-word-cloudRICA in a nutshell

The word cloud on the right provides an overview of RICA.

Every time communications are monitored and thereafter intercepted there is a potential infringement of the Constitutional right to privacy. RICA deals with the protection of that right and the circumstances under which the right is limited and the infringement permitted. RICA does not prevent an employer from monitoring its employees, but such monitoring must comply with RICA.

RICA states that

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