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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 4: Routing, Provision and Storing of Archived Communication-Related Information

16. Technical and functional requirements in respect of archived communication-related information

 

16.1 The technical handover interfaces shall provide all the relevant requested archived communication-related information only, in a readable, intelligible and understandable format, and in accordance with the direction.

 

16.2 The configuration of the handover interface shall be such that the routing to the IC of the requested archived communication-related information provided at the interface can be implemented with industry standard, generally available transmission paths, protocols and coding principles.

 

16.3 Each instance of requested archived communication-related information shall be uniquely associated with a single instance of the handover interface. This could be achieved by separate channels or the use of identifiers.

 

16.4 The format for routing the requested archived communication-related information to the IC must be an industry standard format.

 

16.5 FLOs must be able to route or provide the requested archived communication-related information to the IC.

 

16.6 The IC will be informed of—
(a) any change of the storage system, measures and functionality that may impact on the routing, provision or configuration of archived communication-related information; and
(b) the temporary unavailability of stored archived communication-related information.

 

16.7 A FLO shall ensure that the configuration of the storage system is such that it can store, maintain, extract, process, transmit or provide archived communication-related information with no or the minimum involvement of third parties.

 

16.8 Where a FLO makes use of any telecommunication service provider's telecommunication system or storage provider's service, that FLO and other telecommunication service provider or storage provider must co-operate in the storing, routing or provision of archived communication-related information, if required. In this case, a warrant/directive is to be served upon each of the involved service providers.

 

16.9 A FLO must ensure that—
(a) any telecommunication service provider or storage provider involved in the storing, provision or routing of archived communication-related information is given no more information relating to operational activities than is strictly necessary to store, provide or route archived communication-related information; and
(b) any telecommunication service provider or storage provider involved in the co-operative storing, provision or routing of archived communication-related information is given no more information relating to operational activities than is strictly necessary to allow the storing, provision or routing of archived communication-related information.

 

16.10 When the provision or routing of all the requested archived communication-related information is, in exceptional cases, not possible the remainder of the archived communication-related information shall nevertheless be provided to the law enforcement agency or routed to the IC.

 

16.11 Storage devices or media shall be clearly indexed or the information contained identified to ensure the retrieval of only requested archived communication-related information without unreasonable effort or delay.

 

16.12 The FLO shall ensure that more than one direction for archived communication-related information can be operated concurrently for one and the same storage device or media.

 

16.13 If one or more direction for archived communication-related information are processed, FLOs shall take reasonable precautions to safeguard the identities of the law enforcement agencies and ensure the confidentiality of the investigations and information.

 

 


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