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Operators seek RICA deadline extension

Paul Vecchiatto
By Paul Vecchiatto, ITWeb Cape Town correspondent
Cape Town, 30 May 2006

Cellular network operators Vodacom and Cell C came under fire this morning after their presentations to Parliament`s Justice and Constitutional Committee.

The operators said they needed more time to implement provisions in the proposed amendment to the eavesdropping legislation. In their presentations, the network operators said one year was insufficient time to capture all the data as required in the proposed legislation.

According to the Regulation of Interception and Provision of Communications-Related Information Act (RICA) Amendment Bill, the networks will be obliged to capture all their customers` full names and up to three verified addresses. This information will allow law enforcement agencies to trace suspects in criminal matters.

Vodacom executive director Peter Matlare compared the problems the financial services sector had in implementing the Financial Intelligence Centre Act (FICA) requirements to the logistical problems the cellular network operators would face to register 30 million people in 12 months.

"We would have to process 90 000 people`s details per day to meet the requirements of RICA," he said. Matlare also proposed that a quarterly, or half-yearly review of the network operators` progress of registering people is instituted rather than just having one deadline to meet.

"Thirty-six months is totally unacceptable," said chairperson of the Parliamentary Portfolio Committee on Justice and Constitutional Development Fatima Chohan (ANC).

"Unlike the implementation of FICA, the cellular operators have an added incentive to encourage their subscribers to register otherwise they just cut them off."

In terms of the RICA amendment, the network operators could face fines of up to R100 000 per day if they do not meet the proposed 12-month deadline.

Matlare said Vodacom has about 200 outlet points that could be used to capture people`s details.

Chohan`s response was that surely the network operators would open more points to meet the RICA requirements.

Other members of Parliament accused the network operators of not taking the issue of crime prevention seriously enough. Cell C and Vodacom responded by pointing to their history of significant co-operation with the law enforcement agencies, which they said had cost them a lot of money.

The Parliamentarians also said they did not agree with the network operators` contention that implementing RICA would impact the informal sector`s sale of prepaid cellular cards.

They also said the operators` main worry was that RICA`s implementation would impact their bottom line.

MTN is still to give its presentation.

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