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Regulation of Interception of Communications and Provision of Communication-Related Information Act, 2002 (Act 70 of 2002)

Chapter 2 : Prohibition of interception of communications and provision of real-time or archived communication related information and exceptions

Part 1 : Prohibition of interception of communications and exceptions

6. Interception of indirect communication in connection with carrying on of business

 

(1) Any person may, in the course of the carrying on of any business, intercept any indirect communication—
(a) by means of which a transaction is entered into in the course of that business;
(b) which otherwise relates to that business; or
(c) which otherwise takes place in the course of the carrying on of that business, in the course of its transmission over a telecommunication system.

 

(2) A person may only intercept an indirect communication in terms of subsection (1)—
(a) if such interception is effected by, or with the express or implied consent of, the system controller;
(b) for purposes of—
(i) monitoring or keeping a record of indirect communications—
(aa) in order to establish the existence of facts;
(bb) for purposes of investigating or detecting the unauthorised use of that telecommunication system; or
(cc) where that is undertaken in order to secure, or as an inherent part of, the effective operation of the system; or
(ii) monitoring indirect communications made to a confidential voice telephony counselling or support service which is free of charge, other than the cost, if any, of making a telephone call, and operated in such a way that users thereof may remain anonymous if they so choose;
(c) if the telecommunication system concerned is provided for use wholly or partly in connection with that business; and
(d) if the system controller has made all reasonable efforts to inform in advance a person, who intends to use the telecommunication system concerned, that indirect communications transmitted by means thereof may be intercepted or if such indirect communication is intercepted with the express or implied consent of the person who uses that telecommunication system.