across the bar

RICA AMENDMENT ACT COMES INTO FORCE

by default - Posted 10 July 2009

What the above means is it will no longer be a matter of walking into a Clicks store and purchasing a prepaid sim card and cell phone. Pre paid users will have to supply all the necessary information as will contract users. So no identity number and no proof of address mean no active sim card and no cell phone number!!!!

On 1 July 2009 the Regulation of Interception of Communications and Provision of Communication- Related Information Amendment Act came into operation.The Act has far reaching consequences for both service providers and consumers. Whether you consider the Act a violation of privacy or not, it is now law and non-compliance with its provisions can result in some hefty forms of punishment.

So what is all the fuss about? In terms of the Act, cell companies must record a whole host of user information before activating sim-cards or allowing traffic on their networks.

South African cellphone users will need to disclose their full names, identity number and physical address and this information must be verified by the cell companies from documents requested (a bit like FICA).

Existing customers who activated cell phones or sim cards prior to the commencement of this Act also need to supply all the necessary information to their service providers. If this information is not provided, the service will be discontinued and your number terminated.

If you are selling an active cell phone to one of your friends, then either immediately upon the sale or when you hand the cell phone or sim card to your friend, they are now by law required to report their details to the service provider and provide all the necessary information. If your friend or alternatively you, as the seller, fail to comply with this section you will be guilty of an offence and liable to a fine or imprisonment.

Any juristic person who fails to comply to produce the necessary identification details will be guilty of an offence and liable on conviction to a fine not exceeding R 2000 000 or to imprisonment for a period not exceeding 10 years.

One of the main incentives for the need to supply identification details seems to be that criminals use pay-as-you- go sim cards to plan and carry out crimes.

The reaction to this piece of legislation has been mixed with some arguing that it’s provisions, ranging from the need to produce identification details to allowing certain cell phone calls to be monitored, is a violation of privacy…..Well that’s an argument for another day!!!!