New Monitoring Act now law: guide available
16 November 2005
News
The wait is finally over. The tongue-twistingly named Regulation of Interception of Communications and Provision of Communication-related Information Act, 70 of 2002 (RICA) has finally came into effect on 30 September 2005 (in terms of government proclamation number R55 of 2005 published in the Government Gazette number 28075).
Having obtained presidential signature on 30 December 2002, there has been significant delay in implementation, largely due to the setting of technical standards. In terms of the Act, no one may intercept 'direct' (predominantly oral discussions) or 'indirect' communications (which includes telephone, cellphone, e-mail, instant messaging and SMS). Offences are punishable by a fine of up to R2 million or imprisonment of up to 10 years.
Michalsons Attorneys has an updated 'Michalsons Guide to Monitoring e-Communications in South Africa' available to interested persons which provides an overview of RICA as well as offers a six point implementation plan. It is available as a PDF file from Lance Michalson, [email protected].
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