What is the law in South Africa on recording telephone conversations? In a business where clients give you telephonic instructions it is safer to record the conversations as proof of the clients' requests. Do you have to inform the clients that the conversation is being recorded if you just use it as a back-up to proof what they told you if anyone should have queries?
Optional Information: Province: Freestate
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Is there any reason why you do not want to inform them when they call?
Regards
Johann
No, we just don't have a switchboard system that gives the message automatically when someone phones in. As I mentioned before, this is just to cover us if clients give us verbal instructions.
Hi
In South Africa the interception, recording and monitoring of communications is governed by the Regulation of Interception of Communications and Provisions of Communications-Related Information Act, 70 of 2002 ("RICA"). In principle RICA provides that no person may intentionally intercept or attempt to intercept any communication in the course of its transmission in South Africa. This prohibition of interception applies to all persons, private or public.
Although it was promulgated in December 2002, RICA only came into effect in September 2005. Being relatively new, there are few cases regarding its application and interpretation having reached the courts.
The converstaion will then have to be done on the basis that the person or client is informed that he the dicussion will be recorded for whatever purpose.
Experience: Admitted Attorney 17 years experience