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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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Prepare your cam to capture the Blood Moon

On 27 July 2018, South Africans can witness a total lunar eclipse, as the earth’s shadow completely covers the moon.

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Also known as a blood or red moon, a total lunar eclipse is the most dramatic of all lunar eclipses and presents an exciting photographic opportunity for any aspiring photographer or would-be astronomers.

“A lunar eclipse is a rare cosmic sight. For centuries these events have inspired wonder, interest and sometimes fear amongst observers. Of course, if you are lucky to be around when one occurs, you would want to capture it all on camera,” says Dana Eitzen, Corporate and Marketing Communications Executive at Canon South Africa.

Canon ambassador and acclaimed landscape photographer David Noton has provided his top tips to keep in mind when photographing this occasion.   In South Africa, the eclipse will be visible from about 19h14 on Friday, 27 July until 01h28 on the Saturday morning. The lunar eclipse will see the light from the sun blocked by the earth as it passes in front of the moon. The moon will turn red because of an effect known as Rayleigh Scattering, where bands of green and violet light become filtered through the atmosphere.

A partial eclipse will begin at 20h24 when the moon will start to turn red. The total eclipse begins at about 21h30 when the moon is completely red. The eclipse reaches its maximum at 22h21 when the moon is closest to the centre of the shadow.

David Noton advises:

  1. Download the right apps to be in-the-know

The sun’s position in the sky at any given time of day varies massively with latitude and season. That is not the case with the moon as its passage through the heavens is governed by its complex elliptical orbit of the earth. That orbit results in monthly, rather than seasonal variations, as the moon moves through its lunar cycle. The result is big differences in the timing of its appearance and its trajectory through the sky. Luckily, we no longer need to rely on weight tables to consult the behaviour of the moon, we can simply download an app on to our phone. The Photographer’s Ephemeris is useful for giving moonrise and moonset times, bearings and phases; while the Photopills app gives comprehensive information on the position of the moon in our sky.  Armed with these two apps, I’m planning to shoot the Blood Moon rising in Dorset, England. I’m aiming to capture the moon within the first fifteen minutes of moonrise so I can catch it low in the sky and juxtapose it against an object on the horizon line for scale – this could be as simple as a tree on a hill.

 

  1. Invest in a lens with optimal zoom  

On the 27th July, one of the key challenges we’ll face is shooting the moon large in the frame so we can see every crater on the asteroid pockmarked surface. It’s a task normally reserved for astronomers with super powerful telescopes, but if you’ve got a long telephoto lens on a full frame DSLR with around 600 mm of focal length, it can be done, depending on the composition. I will be using the Canon EOS 5D Mark IV with an EF 200-400mm f/4L IS USM Ext. 1.4 x lens.

  1. Use a tripod to capture the intimate details

As you frame up your shot, one thing will become immediately apparent; lunar tracking is incredibly challenging as the moon moves through the sky surprisingly quickly. As you’ll be using a long lens for this shoot, it’s important to invest in a sturdy tripod to help capture the best possible image. Although it will be tempting to take the shot by hand, it’s important to remember that your subject is over 384,000km away from you and even with a high shutter speed, the slightest of movements will become exaggerated.

  1. Integrate the moon into your landscape

Whilst images of the moon large in the frame can be beautifully detailed, they are essentially astronomical in their appeal. Personally, I’m far more drawn to using the lunar allure as an element in my landscapes, or using the moonlight as a light source. The latter is difficult, as the amount of light the moon reflects is tiny, whilst the lunar surface is so bright by comparison. Up to now, night photography meant long, long exposures but with cameras such as the Canon EOS-1D X Mark II and the Canon EOS 5D Mark IV now capable of astonishing low light performance, a whole new nocturnal world of opportunities has been opened to photographers.

  1. Master the shutter speed for your subject 

The most evocative and genuine use of the moon in landscape portraits results from situations when the light on the moon balances with the twilight in the surrounding sky. Such images have a subtle appeal, mood and believability.  By definition, any scene incorporating a medium or wide-angle view is going to render the moon as a tiny pin prick of light, but its presence will still be felt. Our eyes naturally gravitate to it, however insignificant it may seem. Of course, the issue of shutter speed is always there; too slow an exposure and all we’ll see is an unsightly lunar streak, even with a wide-angle lens.

 

On a clear night, mastering the shutter speed of your camera is integral to capturing the moon – exposing at 1/250 sec @ f8 ISO 100 (depending on focal length) is what you’ll need to stop the motion from blurring and if you are to get the technique right, with the high quality of cameras such as the Canon EOS 5DS R, you might even be able to see the twelve cameras that were left up there by NASA in the 60’s!

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How Africa can embrace AI

Currently, no African country is among the top 10 countries expected to benefit most from AI and automation. But, the continent has the potential to catch up with the rest of world if we act fast, says ZOAIB HOOSEN, Microsoft Managing Director.

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To play catch up, we must take advantage of our best and most powerful resource – our human capital. According to a report by the World Economic Forum (WEF), more than 60 percent of the population in sub-Saharan Africa is under the age of 25.

These are the people who are poised to create a future where humans and AI can work together for the good of society. In fact, the most recent WEF Global Shapers survey found that almost 80 percent of youth believe technology like AI is creating jobs rather than destroying them.

Staying ahead of the trends to stay employed

AI developments are expected to impact existing jobs, as AI can replicate certain activities at greater speed and scale. In some areas, AI could learn faster than humans, if not yet as deeply.

According to Gartner, while AI will improve the productivity of many jobs and create millions more new positions, it could impact many others. The simpler and less creative the job, the earlier, a bot for example, could replace it.

It’s important to stay ahead of the trends and find opportunities to expand our knowledge and skills while learning how to work more closely and symbiotically with technology.

Another global study by Accenture, found that the adoption of AI will create several new job categories requiring important and yet surprising skills. These include trainers, who are tasked with teaching AI systems how to perform; explainers, who bridge the gap between technologist and business leader; and sustainers, who ensure that AI systems are operating as designed.

It’s clear that successfully integrating human intelligence with AI, so they co-exist in a two-way learning relationship, will become more critical than ever.

Combining STEM with the arts

Young people have a leg up on those already in the working world because they can easily develop the necessary skills for these new roles. It’s therefore essential that our education system constantly evolves to equip youth with the right skills and way of thinking to be successful in jobs that may not even exist yet.

As the division of tasks between man and machine changes, we must re-evaluate the type of knowledge and skills imparted to future generations.

For example, technical skills will be required to design and implement AI systems, but interpersonal skills, creativity and emotional intelligence will also become crucial in giving humans an advantage over machines.

“At one level, AI will require that even more people specialise in digital skills and data science. But skilling-up for an AI-powered world involves more than science, technology, engineering and math. As computers behave more like humans, the social sciences and humanities will become even more important. Languages, art, history, economics, ethics, philosophy, psychology and human development courses can teach critical, philosophical and ethics-based skills that will be instrumental in the development and management of AI solutions.” This is according to Microsoft president, Brad Smith, and EVP of AI and research, Harry Shum, who recently authored the book “The Future Computed”, which primarily deals with AI and its role in society.

Interestingly, institutions like Stanford University are already implementing this forward-thinking approach. The university offers a programme called CS+X, which integrates its computer science degree with humanities degrees, resulting in a Bachelor of Arts and Science qualification.

Revisiting laws and regulation

For this type of evolution to happen, the onus is on policy makers to revisit current laws and even bring in new regulations. Policy makers need to identify the groups most at risk of losing their jobs and create strategies to reintegrate them into the economy.

Simultaneously, though AI could be hugely beneficial in areas such as curbing poor access to healthcare and improving diagnoses for example, physicians may avoid using this technology for fear of malpractice. To avoid this, we need regulation that closes the gap between the pace of technological change and that of regulatory response. It will also become essential to develop a code of ethics for this new ecosystem.

Preparing for the future

With the recent convergence of a transformative set of technologies, economies are entering a period in which AI has the potential overcome physical limitations and open up new sources of value and growth.

To avoid missing out on this opportunity, policy makers and business leaders must prepare for, and work toward, a future with AI. We must do so not with the idea that AI is simply another productivity enhancer. Rather, we must see AI as the tool that can transform our thinking about how growth is created.

It comes down to a choice of our people and economies being part of the technological disruption, or being left behind.

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