SAPS granted surveillance device access for enhanced investigations, igniting privacy concerns.

Justice Minister Ronald Lamola gazetted a five-year exemption from the Regulation of Interception of Communications and Provision of Communication-related Information Act (RICA) in South Africa. This means that the police may use a range of surveillance devices that would typically be considered illegal. Let’s unpack this decision and its impact on privacy and security within the commercial sector.

What does this mean?

The South African Police Service (SAPS) may access surveillance devices, including International Mobile Subscriber Identifier (IMSI) catchers or “grabbers.” These devices operate as covert cellular towers, intercepting data from all connected mobile devices. By mapping the collected data to individuals’ identities, the police aim to enhance their investigative capabilities.

Aside from IMSI catchers, SAPS has access to hardware keystroke recorders, night vision and thermal imaging equipment, wiretaps, eavesdropping microphones, miniature video and audio recorders, and location tracking devices.

The exemption

Minister Lamola’s decision to grant this exemption falls under Section 46(3) of RICA, waiving prohibitions related to the manufacture, possession, and use of surveillance equipment. The process mandates consultation with relevant ministers, including those responsible for communications, defence, state security, and police. 

Conditional usage

SAPS must adhere to several conditions to prevent misuse and maintain accountability under the exemption. The listed equipment can only be possessed, purchased, manufactured, assembled, and used within the boundaries set by specified in the Act. The National Commissioner personally authorises the procurement of IMSI catchers, their associated equipment, and the required software. Additionally, all equipment and components must bear a non-alterable identifier, ensuring traceability.

Controversial surveillance background

The debate SAPS may access surveillance devices has been ongoing for some time. Police Minister Bheki Cele had previously applied for exemptions to use unlawfully purchased spy equipment worth R102 million. Despite initial rejections and delays in the application process, progress has been made with the involvement of the ministers of defence, state security, and communications. This recent decision by Minister Lamola marks a turning point in granting the requested exemption.

Implications for the commercial sector

The introduction of this exemption raises concerns regarding privacy and security within the commercial sector. Businesses should evaluate their communication systems and data protection measures to ensure compliance with existing regulations. Furthermore, they should consider implementing robust cybersecurity protocols to safeguard sensitive information from potential surveillance risks.

The exemption has stirred significant controversy in South Africa. SAPS may access surveillance devices for improved investigations but concerns about privacy and misuse of power rise. The commercial sector must be proactive in adapting to this new landscape by prioritising data protection and cybersecurity measures. Balancing the need for effective law enforcement with the protection of individual rights remains a delicate challenge that demands ongoing scrutiny and open dialogue among all stakeholders.