Interception and monitoring
ISPs are under a statutory obligation to assist law enforcement authorities with monitoring and intercepting electronic communications for the specified purposes set out in the Regulation of Interception of Communication and Provision of Communication-related Information Act of 2002 (“RICA”).
The principle regulatory instrument governing the interception and monitoring obligations of ISPs are the Directives for different categories of Telecommunication Service Providers (28 November 2005) issued under Chapter 5 of RICA. . These came into force on 28 May 2005.
The implementation of the Directive for ISPs has been undertaken in a practical manner which recognises the tiered nature of Internet service provision in South Africa. The Office of Interception Centres co-ordinates interception activity with ISPs. There is a provision for the exemption of service providers and the creation of a central fund to assist smaller providers with the cost of implementing an interception but these have not yet been implemented.
- General advice on obligations and updates on implementation
- Advice on obtaining authority to intercept
- Advice on dealing with interception requests
Regulation of Interception of Communications and Provision of Communication-related Information Amendment Act, 2008 (into force 1 July 2009, except section 3 – 1 August 2009)
Mobile Cellular Operators Compensation Payable (6 February 2009) (sets out compensation for different forms of assistance provided by a mobile cellular operator in effecting an interception direction)