4
MEMORANDUM ON THE OBJECTS OF THE REGULATION OF
INTERCEPTION OF COMMUNICATIONS AND PROVISION OF
COMMUNICATION-RELATED INFORMATION AMENDMENT
BILL, 2010
1.
PURPOSE OF BILL
The aim of the Regulation of Interception of Communications and Provision of
Communication-related Information Amendment Bill, 2010 (‘‘the Bill’’), is to
amend the Regulation of Interception of Communications and Provision of
Communication-related Information Act, 2002 (Act No. 70 of 2002) (the ‘‘Act’’),
so as to extend the period within which the information of customers (historical
customers), who were in possession of activated SIM-cards on 1 July 2009 when
section 62(6) of the Act came into operation, must be recorded and stored by
mobile cellular electronic communications service providers (Vodacom, MTN and
Cell C) (‘‘MCO’s’’).
2.
BACKGROUND
2.1 Section 62(6)(a) provides that the MCO’s must, within a period of 18 months
from the date on which the section came into operation, record and store
specified information in respect of historical customers of the MCO’s. The
18-month period within which the MCO’s must comply with this statutory
obligation, expires on 31 December 2010 (the deadline for registration).
2.2 In terms of section 62(6)(d), an MCO shall not allow service continuation of
any activated SIM-card on its electronic communication system after 31
December 2010 if the specified information is not recorded and stored in
accordance with the provisions of the Act.
2.3 The MCO’s have indicated that, despite accelerated efforts, they will not be
able to meet the deadline for registration imposed by section 62(6) because of
problems they have experienced in practice with the registration process.
3.
OBJECTS OF BILL
3.1 The Bill consists of two clauses. The object of clause 1 is to extend the
deadline for registration. It amends section 62(6)(a) and (d), in order to
provide that—
• the MCO’s must, by 30 June 2011, record and store specified information
in respect of customers who were in possession of SIM-cards when section 62(6) came into operation on 1 July 2009; and
• an MCO shall not allow service continuation of any activated SIM-card
on its electronic communication system after 30 June 2011 if the specified information is not recorded and stored in accordance with the provisions of the Act.
3.2 Clause 2 provides for the short title.
4.
IMPLEMENTATION PLAN
None.
5.
DEPARTMENTS AND PARTIES CONSULTED
The MCO’s, the South African Police Service, the South African Secret Service,
the National Intelligence Agency, the South African National Defence Force, the
Department of Communications and the National Director of Public Prosecutions
were consulted on the proposed amendments. All comments received were taken
into account in finalising the Bill.