Public Finance Management Act, 1999
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 B : Directive for Mobile Cellular Operators in terms of Section 30(7)(a) read with Section 30(2) of the Regulation of Interception of Communications 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 | An MCO shall record and store the real-time communication-related information set out in paragraph 10.3 when a successful call is established. |
| 10.2 | When a real-time communication-related direction, that requires information that is already available in the records of a MCO is received, that MCO 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 MCO shall be able to route or provide the following real-time communication-related information: |
| (a) | Global System for Mobile Communication (GSM), including telephony, fax, circuit switched data (CSD), as well as Wireless Application Protocol WAP) over CSD and Multimedia Message Service (MMS) over CSD: |
| (i) | Called number (destination of an outgoing communication by the target identity). |
| (ii) | Calling number (MSISDN of originating party of a terminating communication to the target identity). |
| (iii) | Date and time of the start and duration of the communication, when applicable. |
| (iv) | Type of communication (incoming, outgoing, link through, conference). |
| (v) | IMSI number, IMEl number (where available) and MSISDN number of target identity. |
| (vi) | Identification of the base station and cell (including micro cell) that were used to link the target identity at the start of an indirect communication. |
| (vii) | Nature of the indirect communication (etc fax, voice, or data). |
| (viii) | For outbound roaming where the target identity roams on a foreign network, the information set out in subparagraph (a)(i) to (viii), above, when available. |
| (ix) | Forwarding call number. |
| (b) | General Packet Radio Service (GPRS), including Wireless Application Protocol (WAP) over GPRS and Multimedia Message Service (MMS) over GPRS: |
| (i) | Called address, Access Point name or APN (destination of an outgoing communication by the target identity). |
| (ii) | Date and time of the start and duration of the communication, when applicable. |
| (iii) | Data volume. |
| (iv) | Type of communication (incoming, outgoing). |
| (v) | IMSl number, IMEl number (where available) and MSISDN number of target identity. |
| (vi) | Identification of the base station and cell (including micro cell) that were used to link the target identity at the start of an indirect communication. |
| (vii) | Nature of the indirect communication (etc fax, voice, or data), |
| (viii) | For outbound roaming where the target identity roams on a foreign network, the information set out in subparagraph (b)(i) to (vii), above, when available. |
| (c) | Short Messaging Service (SMS), including outgoing and terminating short messages: |
| (i) | Called number (destination of an outgoing communication by the target identity where receipt of the message has been confirmed by the controlling network element, SMSC). |
| (ii) | Date and time of the communication, when applicable. |
| (iii) | Type of communication (incoming, outgoing). |
| (iv) | IMSI number, lMEl number (where available) and MSISDN number of target identity. |
| (v) | Identification of the base station and cell (including micro cell) that were used to link the target identity at the start of an indirect communication. |
| (vi) | Nature of the indirect communication (etc fax, voice, or data). |
| (vii) | For outbound roaming where the target identity roams on a foreign network, the information set out in subparagraph (c)(i) to (vi), above, when available, and on a date to be determined by the Minister. |
| (d) | Unstructured Supplementary Service Data (USSD): The information available in the records of the MCO on the same basis as set out in subparagraph (c), above. |
| (e) | Universal Mobile Telephone Service (UMTS): The information available in the records of the MCO on the same basis as set out in subparagraph (b), above. |
| (f) | Any other data service not mentioned in subparagraphs (a) to (e), above: The information available in the records of the MCO on the same basis as set out in subparagraph (b), above. |
| 10.4 | A MCO must provide a telecommunication service in respect of which the 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 | The real-time communication-related information set out in paragraph 10.3 must be immediately available in the records of the MCO 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 MCO. |
| 10.7 | A MCO must ensure that real-time communication-related information set out in paragraph 10.3 can immediately, on receipt of a direction or request, 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 or request. |
| 10.9 | When the real-time communication-related information set out in paragraph 10.3 is transferred to an archived storage facility, the MCO must ensure that— |
| (a) | all the information is transferred; |
| (b) | the information is not transferred 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. |
