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)Directives in Respect of Different Categories of Telecommunications Service Providers made in terms of The Regulation of Interception of Communications and Provision of Communication-Related Information Act, 2002 (Act No. 70 of 2002)Schedule A : Directive for Fixed Line Operators in Terms of Section 30(7)(a) read with Section 30(2) of The Regulation of Interception of Communications and Provision of Communication-Related Information Act, 2002 (Act No. 70 of 2002)Part 3: Routing, Provision and Storing of Real-Time Communication-Related Information10. Routing, recording, storing and content of real-time communication-related information already available |
| 10.1 | A FLO shall record and store the real-time communication-related information set out in paragraph 10.3 whenever a call is established. |
| 10.2 | When a real-time communication-related direction, that requires information that is already available in the records of a FLO is received, that FLO shall be able to immediately route or provide the real-time communication-related information set out in paragraph 10.3 in accordance with the direction concerned. |
| 10.3 | For the purposes of paragraphs 10.1 and 10.2, above, a FLO shall be able to route or provide the following real-time communication-related information for calls originating from, and originating in the FLO telecommunication network and terminating to the target identity: |
| (a) | Called number (destination of an outgoing communication by the target identity). |
| (b) | Calling number (telephone number of originating party of a terminating communication to the target identity). |
| (c) | Date, time and duration of the communication. |
| (d) | Supplementary service or facility used in association with the call (three party conference, call diversion immediate, abbreviated -dialling, voice mail, etc.), if available- |
| (e) | Intermediate numbers where target identity establishes conference calls or calls to link through services. |
| (f) | Telephone and subscriber number of target identity. |
| (g) | Nature of the telecommunication (e.g. fax, voice or data). |
| (h) | Forwarding call number. |
| 10.4 | A FLO must provide a telecommunication service in respect of which all real-time communication-related information set out in paragraph 10.3 can be securely stored, retrieved and duplicated for— |
| (a) | routing to the IC; or |
| (b) | provision to a law enforcement agency. |
| 10.5 | Real-time communication-related information set out in paragraph 10.3 must be immediately available in the records of the FLO for a period of at least 90 days from the date of the indirect communication to which the real-time communication-related information relates. |
| 10.6 | The real-time communication-related information set out in paragraph 10.3 must immediately be retrievable from the records of the FLO. |
| 10.7 | A FLO must ensure that real-time communication-related information set out in paragraph 10.3 can immediately, on receipt of a direction, be— |
| (a) | duplicated and routed to the IC; or |
| (b) | provided to the law enforcement agency. |
| 10.8 | The real-time communication-related information set out in paragraph 10.3 must be stored in a format that allows for the extraction of the relevant requested information only, in a readable, intelligible and understandable format, and in accordance with the direction. |
| 10.9 | When the real-time communication-related information set out in paragraph 10.3 is transferred to an archived storage facility, the FLO must ensure that— |
| (a) | all the information is transferred; |
| (b) | the information is not deleted before the expiry of 90 days from the date on which the indirect communication to which the real-time communication-related information relates, is recorded; and |
| (c) | the integrity of the information is not compromised. |
