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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 customer

39. 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.

 

 


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