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?
HiWelcome to Just Answer!! Thank you for giving me the opportunity to assist you.
Is there any reason why you do not want to inform them when they call?
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.
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.
Admitted Attorney 17 years experience
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).