Intellectual Property Rights from Publicly Financed Research and
R 385
Regulation of Interception of Communications and Provision of Communication-Related Information Act, 2002 (Act 70 of 2002)Chapter 7 : Duties of telecommunication service provider and customer39. Information to be obtained and kept by certain telecommunication service providers |
| (1) | Before a telecommunication service provider, other than a telecommunication service provider who provides a mobile cellular telecommunication service, enters into a contract with any person for the provision of a telecommunication service to that person, he or she— |
| (a) | must, if that person is a natural person— |
| (i) | obtain from him or her – |
| (aa) | his or her full names, identity number, residential and business or postal address, whichever is applicable; and |
| (bb) | a certified photocopy of his or her identification document on which his or her photo, full names and identity number, whichever is applicable, appear; |
| (ii) | retain the photocopy obtained in terms of subparagraph (i)(bb) and |
| (iii) | verify the photo, full names and identity number, whichever is applicable, of that person with reference to his or her identification document; or |
| (b) | must, if that person is a juristic person— |
| (i) | obtain from the person representing that juristic person— |
| (aa) | his or her full names, identity number, residential and postal address, whichever is applicable; |
| (bb) | the business name and address and, if registered as such in terms of any law, the registration number of that juristic person; |
| (cc) | a certified photocopy of his or her identification document on which his or her photo, full names and identity number, whichever is applicable, appear; and |
| (dd) | a certified photocopy of the business letterhead of, or other similar document relating to, that juristic person; |
| (ii) | retain the photocopies obtained in terms of subparagraph (i)(cc) and (dd); and |
| (iii) | verify the— |
| (aa) | photo, full names and identity number, whichever is applicable, of that person with reference to his or her identification document; and |
| (bb) | name and registration number of that juristic person with reference to its business letterhead or other similar document; and |
| (c) | may obtain from such person any other information which the telecommunication service provider deems necessary for purposes of this Act. |
| (2) | A telecommunication service provider referred to in subsection (1) must ensure that proper records are kept of— |
| (a) | the information, including the photocopies, referred to in subsection (1) and, where applicable, any change in such information which is brought to his or her attention; |
| (b) | the telephone number or any other number allocated to the person concerned; and |
| (c) | any other information in respect of the person concerned which the telecommunication service provider concerned may require in order to enable him or her to identify that person. |
| (3) | An applicant may, for purposes of making an application for the issuing of a direction, in writing request a telecommunication service provider referred to in subsection (1) to— |
| (a) | confirm that the person specified in the request is a customer of that telecommunication service provider concerned; |
| (b) | provide the applicant with the telephone number or any other number allocated to that person by that telecommunication service provider; and |
| (c) | furnish the applicant with a photocopy of the identification document of that person which is retained by that telecommunication service provider in terms of subsection (1)(a)(ii). |
| (4) | A telecommunication service provider who receives a request referred to in subsection (3) must immediately comply with that request if the person specified in the request is a customer of the telecommunication service provider concerned. |
