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.
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.
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.
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.
Welcome to world of 2099
The world of 2099 will be unrecognisable from the world of today, but it can be predicted, says one visionary. ARTHUR GOLDSTUCK met him in Singapore.
Futuristic structures tower over the landscape. Giant, alien-looking trees light up with dazzling colours amid the hundreds of plant species that grow up their trunks. Cosmetic stores sell their wares via public touch-screens, with products delivered instantly in drawers below the screens.
This is not a vision of the future. It is a sample of Singapore today. But it is also an inkling of the world we may all experience in the future.
Singapore was the venue, last week, of the World Cities Summit, where engineers, politicians, investors and visionaries rubbed shoulders as they talked about the strategies and policies that would enhance urban living in the future.
As part of the Summit, global payment technologies leader Mastercard hosted a small media briefing by one of Singapore’s leading thinkers about the future, Dr Damian Tan, managing director of Vickers Venture Partners. The company’s slogan “We invest in the extraordinary,” offers a small clue to Tan’s perspective.
“We look as far forward as 2099 because, as a venture capital firm, we invest in the long term,” he tells a group of journalists from Africa and the Middle East. “Companies explode in growth because there is value in the future. If there is no growth, they won’t explode.”
The big question that the Smart Cities Summit and Mastercard are trying to help answer is, what will cities look like in the year 2099? Tan can’t give an exact answer, but he offers a framework that helps one approach the question.
“If you want to look at 81 years into the future, and understand the change that will come, you need to double that amount and look into the past. That takes us to 1856. The difference between then and now is the difference you can expect between now and 2099.”
Click here or on the page link below to read on: Page 2: Soldiers and Health in 2099.
- Arthur Goldstuck is founder of World Wide Worx and editor-in-chief of Gadget.co.za. Follow him on Twitter on @art2gee and on YouTube
Street art goes electric
Kaspersky Lab and British street artist D*Face have unveiled the first-ever “art helmet” design at the Formula E finale for electric cars in New York.
The ‘Save The World’ helmets will be raced by DS Virgin Racing’s drivers, Sam Bird and Alex Lynn, as they traverse the New York street circuit during the final races of the Formula E season.
The announcement signals the first art helmet by a Formula E team, continuing the heritage of art in motorsport and the cybersecurity brand’s commitment to contemporary art, creativity and innovation. D*Face took inspiration from Kaspersky Lab’s tagline, “A Company To Save The World”, and hopes that his colourful work will inspire people to take positive action.
D*Face will announce his first-ever art car design with a custom-made livery for the DS Virgin Racing Team. Its design will be released at the “Art Goes Green” event after Saturday’s race. The helmets and art car are the latest installations in the “Save the World” collection, following a major permanent public mural that was installed in Brooklyn, New York, in May.
D*Face, whose real name is Dean Stockton, said: “It is exciting to work with Kaspersky Lab on this project and create art with a real message of hope for a better future. After all, this is our world and we need to look after it. It will take every one of us to make a real lasting, impactful change. I love the mentality of the DS Virgin Racing Team and that of Formula E by showcasing sport in a way that doesn’t harm the environment, but is still just as exhilarating and fun.
“It is time for us all to stand together and make a change… be that stopping data steals, climate change, plastic waste or using damaging fuels. I want everyone to make a pledge to do one thing that will help make a change.”
As a sponsor of DS Virgin Racing Team, Kaspersky Lab is responsible for protecting the team’s devices against cyber threats. The company sees the technical environment in the global sport of Formula E as the next frontier in furthering its research and development of new technologies to keep vehicles secure in the digital world.
Sylvain Filippi, Managing Director at DS Virgin Racing, said: “The whole team fully supports this great initiative and our thanks got to Kaspersky and D*Face for their collaboration. It’s an honour to have such an innovative artist bring his talents to bear in our team ahead of the season-finale; the car, drivers’ crash helmets and mural all look amazing.”
Aldo Fucelli Pessot del Bo, Head of Global Partnerships and Sponsorships at Kaspersky Lab added: “There is a need for innovation on a global scale, both in contemporary art and in the fast-growing sport of Formula E. Now, for the first time ever, Kaspersky Lab is proudly bringing together the two sectors in an effort to Save the World and unleash creativity, encourage freedom of expression and further innovation.”