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What is the law in South Africa on recording telephone conversations…

Customer Question
What is the law in...
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?
Submitted: 7 years ago.Category: South Africa Law
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Answered in 37 minutes by:
3/4/2011
Lawyer: JJ, Attorney replied 7 years ago
JJ
JJ, Attorney
Category: South Africa Law
Satisfied Customers: 4,502
Experience: Admitted Attorney 17 years experience
Verified

Hi

Welcome 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?

 

Regards

 

Johann

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Customer reply replied 7 years ago
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.
Lawyer: JJ, Attorney replied 7 years ago

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.

 

Regards

 

Johann

JJ
JJ, Attorney
Category: South Africa Law
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