Interception Act vs Privacy Act
- 1. Interception Act versus Privacy Act Dr. Varun Kumar Dr. Varun Kumar (IIIT Surat) Lecture-16 1 / 8
- 2. Outlines 1 The Interception Act 2 The Privacy Act Activity Dr. Varun Kumar (IIIT Surat) Lecture-16 2 / 8
- 3. The Interception Act: South Africa ⇒ The interception act came into full effect in September 2005. ⇒ Ref: http://www.justice.gov.za/legislation/acts/2002-070.pdf ⇒ RICA: Regulation of Interception of Communications Act. ⇒ Provision of Communication related Information Act. ⇒ RICA seeks to regulate The interaction of certain communications The monitoring of certain signals (radio frequency spectrum) The provision of certain communication-related information ⇒ Steps for monitoring the communication Law enforcement must be in possession of information or evident ⇒ Electronic communications are being used in the commission of the crime. Approach the court and request an ”interception direction”. ⇒ The sitting judge will then decide on the merit of the evident present and will grant or refuse this directive. Dr. Varun Kumar (IIIT Surat) Lecture-16 3 / 8
- 4. Continued– Once the interception direction is obtained, ⇒ It can then be served to the relevant service provider. ⇒ Forward all surveillance information to the law enforcement agency. ⇒ The person under surveillance needs not be informed. RICA provides that all forms of monitoring and interception. There are several exceptions on the prohibition on intercepting communications. ⇒ Three rules for apply to monitoring in the workplace: (i) Party to a communication: ⇒ Section 4 of the RICA allows a party to a communication to monitor and intercept the communication if he/she is a party to the communication. ⇒ The participants in a meeting consent to the meeting being recorded. ⇒ This exception also applies where the interceptor is acting with the consent of one of the parties to the communication. Dr. Varun Kumar (IIIT Surat) Lecture-16 4 / 8
- 5. Continued– (ii) Written Consent: ⇒ Section 5 allows for interception of any communication under any circumstances ⇒ No special motivation or reason is required for it. ⇒ The person whose communication is being intercepted has consented to it in writing prior to such interception. Dr. Varun Kumar (IIIT Surat) Lecture-16 5 / 8
- 6. Continued– (iii) Business Purpose Exception: ⇒ Section 6 contains a so-called business purpose exception which involves the interception of indirect communications in connection with the carrying on of business. ⇒ Section 6 authorizes any person to intercept indirect communications in the course of carrying out their business by means of which a transaction is concluded in the course of that business. ⇒ Relates to that business or which otherwise takes place in the course of the carrying on of that business, in the course of its transmission over a telecommunication system. Dr. Varun Kumar (IIIT Surat) Lecture-16 6 / 8
- 7. The Privacy Act ⇒ The protection of personal information Act is seen by some as a counterbalance to the Interception Act above. ⇒ Ref: http://www.gov.za/sites/www.gov.za/files/37067 26- 11 Act4of2013ProtectionOfPersonalInfor correct.pdf ⇒ The act seeks to promote the protection of personal information of South Africans processed by public and private bodies. ⇒ It also seeks to provide for the rights of persons regarding unsolicited electronic communications and automated decision making. ⇒ It also seeks to regulate the flow of personal information across the borders of the Republic. Dr. Varun Kumar (IIIT Surat) Lecture-16 7 / 8
- 8. Activity Activity: A ⇒ It is likely that by the time you are reading this set of notes that another draft of the proposed act has been released. ⇒ The media might also be covering it in more detail. ⇒ Try and get hold of the most recent draft or some analysis of it in the media. Q How has it changed? Activity B Q Discuss if and how the interception and privacy counterbalance one another. Do you have concerns about either of the acts? Dr. Varun Kumar (IIIT Surat) Lecture-16 8 / 8