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Call centre compliance and the legislative minefield

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There are many reasons for recording calls and not all of them involve nefarious activities. One such reason is for businesses to evaluate how effective their call centre employees are, but that doesn’t come without legislation, writes MATTHEW BALCOMB, CEO of CallCabinet Southern Africa.

There are many compelling reasons for recording phone calls, not all of which involve nefarious activities, a super villain and a spy with a licence to kill, or shoring up evidence for the Jerry Springer Show for that matter. In the call centre environment of the corporate world, call recording simply makes good business sense.

The practice allows business to evaluate how effective its call centre employees are at satisfying customer queries and complaints, to analyse protocols for the purpose of improvement, and even to ensure continued compliance. If the movies and Jerry Springer have taught us anything however, then it’s that anything you say can and will be held against you. It’s hardly surprising then that the phrase “This call may be recorded” has the power to strike fear into the hearts of callers.

Good business sense and customer suspicions aside however, is call recording strictly legal in South Africa? There is no simple path to finding that answer. Instead it’s a legislative minefield, but one that ultimately reveals that call recording is not illegal, provided that you narrowly follow the letter of the law(s).

The Laws Governing Call Recording

Here’s where it gets interesting. There’s no single law governing the recording of calls in a call centre environment. Instead the act of determining whether you may record and how to do it in such a way that your business remains compliant, protects the customer’s privacy, and stays squarely within the bounds of the law, is a quest of Tolkien-like proportions.

The Constitution

We begin our journey with the South African Constitution, section 14 of which states that “Everyone has the right to privacy, which includes the right not to have the person or their home searched; their property searched; their possessions seized; or the privacy of their communications infringed.” If you were to stop there, notwithstanding the fact that the constitution does go on to say that such rights are limited in terms of law, the answer to the question of call recording would be a resounding ‘no’. Fortunately we don’t stop there.

RICA

The Regulation of Interception of Communications and Provision of Communication-Related Information (RICA) Act 70 of 2002, is an asset to business on this particular quest. Chapter 2, Part 1, Section 4 of the act states that “Any person, other than a law enforcement officer, may intercept any communication if he or she is a party to the communication, unless such communication is intercepted by such person for purposes of committing an offence.”

Section 5 takes this further with its edict that “Any person, other than a law enforcement officer, may intercept any communication if one of the parties to the communication has given prior consent in writing to such interception, unless such communication is intercepted by such person for purposes of committing an offence.”

Section 6 shores this up with its pronouncement that “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.

It’s clear then that on the grounds of the business being a party to that call, that party is indeed permitted to intercept that call.

POPI

Things would now appear to be nicely cut and dried, except for the entry of The Protection of Personal Information (POPI) Act of 2013 into the fray. POPI is a complex act that does exactly as its name implies. From the outset it identifies that its purpose, inter alia, is to “regulate the manner in which personal information may be processed, by establishing conditions, in harmony with international standards, that prescribe the minimum threshold requirements for the lawful processing of personal information.”

It goes on to clarify that “processing” means any operation or activity or any set of operations, whether or not by automatic means, concerning personal information, including (a) the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use; (b) dissemination by means of transmission, distribution or making available in any other form; or (c) merging, linking, as well as restriction, degradation, erasure or destruction of information.

The act furthermore addresses call recordings directly under its definition of ‘record,’ which includes among others, this description: “information produced, recorded or stored by means of any tape-recorder, computer equipment, whether hardware or software or both, or other device, and any material subsequently derived from information so produced, recorded or stored.”

POPI is nothing if not thorough, and in order to be compliant, organisations must ensure they adhere strictly to the multitudinous provisions for the proper and legal processing of personal information.

Section 18 is particularly relevant in the call recording context and addresses such criteria as stating clearly to customers the purpose of recording their call. A simple “This call may be recorded for quality purposes” will not suffice if that recording is to be legitimately used for any purpose other than quality control. To add another layer of complexity, that section requires, among many other such requirements, that the customer be advised of their right to object to such processing (recording). This implies that the call centre must have the functionality to allow individuals to opt out of such processing without abandoning the call.

“But wait, there’s more…”

If that weren’t enough to make your head spin, there are moreover additional laws that impact the call centre. Among others, these include the consumer protection, recordkeeping and data security requirements entrenched in the Electronic Communications and Transactions (ECT) Act, the Financial Advisory and Intermediary Services (FAIS) Act, the Financial Intelligence Centre Act (FICA), the Consumer Protection Act (CPA) and the Payment Card Industry Data Security Standard (PCI DSS), demanding significant changes to communications and IT infrastructure, operations, policies and procedures.

Bring in the big guns

Running an efficient and secure call centre that uses the best technologies and delivers on your business needs, while ensuring compliance and being strictly legal has become an increasingly difficult task to accomplish in-house. That’s where we come in. CallCabinet is a leading developer of innovative, flexible and cutting-edge cloud and premise-based call recording solutions. We have extensive experience providing affordable enterprise voice recording and call logging solutions, and solutions that are uniquely suited to South African companies in the context of this new regulatory and business landscape.

CallCabinet will help your business navigate a successful path through the legislative minefield to achieve a call centre that meets your needs and exceeds your expectations.

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Low-cost wireless sport earphones get a kickstart

Wireless earphone brands are common, but not crowdfunded brands. BRYAN TURNER takes the K Sport Wireless for a run.

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As wireless technology becomes better, Bluetooth earphones have become popular in the consumer market. KuaiFit aspires to make them even more accessible to more people through a cheaper, quality product, by selling the K Sport Wireless Earphones directly from its Kickstarter page

KuaiFit has an app by the same name which offers voice-guided personal training services in almost every type of exercise, from cardio to weight-lifting. A vast range of connectivity to third-party sensors is available, like heart rate sensors and GPS devices, which work well with guided coaching. 

The app starts off with selecting a fitness level: beginner, intermediate and advanced. Thereafter, one has the ability to connect with real personal trainers via a subscription to its paid service. The subscription comes free for 6 months with the earphones, and R30 per month thereafter. 

The box includes a manual, a USB to two USB Type B connectors, different sized soft plastic eartips and the two earphone units. Each earphone is wireless and connects to the other independently of wires. This puts the K Sport Wireless in the realm of the Apple Earpods in terms of connection style. 

The earphones are just over 2cm wide and 2cm high. The set is black with a light blue KuaiFit logo on the earphone’s button. 

The button functions as an on/off switch when long-pressed and a play/pause button when quick-pressed. The dual-button set-up is convenient in everyday use, allowing for playback control depending on which hand is free. Two connectivity modes are available, single earphone mode or dual earphone mode. The dual earphone mode intelligently connects the second earphone and syncs stereo audio a few seconds after powering on. 

In terms of connectivity, the earphones are Bluetooth 4.1 with a massive 10-meter range, provided there are no obstacles between the device and the earphones. While it’s not Bluetooth 5, it still falls into the Bluetooth Low Energy connection category, meaning that the smartphone’s battery won’t be drastically affected by a consistent connection to the earphones. The batteries within the earphones aren’t specifically listed but last anywhere between 3 and 6 hours, depending on the mode. 

Audio quality is surprisingly good for earphones at this price point. The headset style is restricted to in-ear due to its small design and probable usage in movement-intensive activities. As a result, one has to be very careful how one puts these earphones, in because bass has the potential of getting reduced from an incorrect in-ear placement. In-ear earphones are usually notorious for ear discomfort and suction pain after extended usage. These earphones are one of the very few in this price range that are comfortable and don’t cause discomfort. The good quality of the soft plastic ear tip is definitely a factor in the high level of comfort of the in-ear earphone experience.

Overall, the K Sport Wireless earphones are great considering the sound quality and the low price: US$30 on Kickstarter.

Find them on Kickstarter here.

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Taxify enters Google Maps

A recent update to Taxify now uses Google Maps which allows users to identify their drivers, find public transport and search for billing options.

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People planning their travel routes using Google Maps will now see a Taxify icon in the app, in addition to the familiar car, public transport, walking and billing options.

Taxify started operating in South Africa in 2016 and as of October 2018 operates in seven South African cities – Johannesburg, Ekurhuleni, Tshwane, Cape Town, Durban, Port Elizabeth and Polokwane.

Once riders have searched for their destination and asked the app for directions, Google Maps shares the proximity of cars on the Taxify platform, as well as an estimated fare for the trip.

If users see that taking the Taxify option is their best bet, they can simply tap on the ‘Open app’ icon, to complete the process of booking the ride. Customers without the app on their device will be prompted to install Taxify first.

This integration makes it possible for users to evaluate which of the private, public or e-hailing modes of transport are most time-efficient and cost-effective.

“This integration with Google Maps makes it so much easier for users to choose the best way to move around their city,” says Gareth Taylor, Taxify’s country manager for South Africa. “They’ll have quick comparisons between estimated arrival times for the different modes of transport, as well as fares they can expect to pay, which will help save both time and money,” he added.

Taxify rides in Google Maps are rolling out globally today and will be available in more than 15 countries, with South Africa being one of the first countries to benefit from this convenient service.

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