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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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Showmax launches in Nigeria

Basketmouth and Bovi are the hosts of an exclusive Big Brother Naija recap show, Big Brother Naija Hot Room, as Showmax launches in Nigeria.

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Showmax has launched its video-on-demand service in Nigeria. The video streaming service features a dedicated slate of Nigerian TV shows and movies, international hit series, Hollywood blockbusters, and a Big Brother Naija partnership with live streaming and exclusive new BBNaija shows.

The launch brings two important firsts: the first time a wide range of popular Nigerian series can be binged from the beginning, and a partnership with Big Brother Naija featuring live streaming of the Sunday night evictions as well as two new BBNaija shows that are exclusive to Showmax. One of the new shows will be hosted by comedians Basketmouth and Bovi, who will provide commentary on happenings in the Big Brother Naija house.

“We’re aiming for the sweet spot that other services may have missed,” says Niclas Ekdahl, CEO of MultiChoice Group’s Connected Video division. “Taking a generic service and tacking on a few Nollywood movies won’t cut it, so we’re coming in with a strong mix of bang up-to-date Nigerian shows, international hits and favourites from across Africa, and now, as something completely new: on-demand and live Big Brother Naija content.”

Showmax will live-stream all Sunday eviction episodes of Big Brother Naija as well as the finale, and recordings of the nomination shows will be posted on Tuesdays. In addition to this, two brand-new shows, exclusive to Showmax, have been produced. Big Brother Naija Extra View is a 25-minute compilation of unseen footage and will be added to the site daily from Tuesday to Saturday. Big Brother Naija Hot Room is a 25-minute satirical commentary on the week’s main drama and action, hosted by legendary comedians Basketmouth and Bovi, with new episodes coming every Sunday evening ahead of the evictions.

The following shows will be added daily, as they air on Africa Magic channels, with all past episodes available to binge from the beginning:

– Tinsel, one of Nigeria’s longest running TV series and Africa Magic Viewers Choice Best Drama 2017

– The Johnsons, featuring City People Award winners Olumide Oworu and Charles Inojie

– My Flatmates, starring 2018 Savanna Pan-African Comic of the Year Basketmouth

The new Showmax service will feature hundreds of Nollywood movies and thousands of TV show episodes and Bollywood shows. Telenovelas will also be part of the lineup, as will hits from the rest of Africa like Kenya’s Supa Modo, winner of 50 international awards, and South Africa’s big Africa Movie Academy Awards winner Five Fingers For Marseilles

The lineup of international shows on the new service includes ChernobylVikingsPowerGame of ThronesTrue Detective (starring Mahershala Ali), InsecureBillions, Ballers, and Luther (starring Nigerian BAFTA winner Wunmi Mosaku opposite Idris Elba). The latest episodes of Big Little Lies are added weekly.

There’s also a major focus on kids, with shows like Paw PatrolPJ Masks, and Doc McStuffins.

To get Showmax, visit www.showmax.com. Showmax has a risk-free trial: once signed up, cancel within the first 14 days and pay nothing. Once the 14-day free trial is over, the cost is N2,900 per month.

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Want a competitive edge? Unlock your business data

By Dr YUDHVIR SEETHARAM, head of analytics, insights and research for FNB Business

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The businesses which will be able to count themselves amongst the most successful in the coming years will be those that have succeeded in fully harnessing the power of data. But while you’d be hard pressed to find many businesses that are not currently building or acquiring systems and technical resources aimed at unlocking the value of data, the same priority does not appear to have been given to embedding data-driven organisational cultures.

This failure to focus on culture in parallel with technology not only reveals a lack of understanding of the symbiotic nature of the relationship between the two, but also presents a real risk that the massive investments being made into data might not deliver the returns that companies are hoping for.

The problem lies in the fact that while data analytics and processing are relatively exact sciences, a data-driven culture is significantly more difficult to define. So while company owners, managers and executives may not be able to tell you exactly how data analysis works, they can tell you what they want to get out of it. The same isn’t true of their understanding of a data-driven culture, and so the creation of such a culture is either assigned a lower strategic priority, or simply handed off to the organisation’s Chief Technology Officer, Chief Data Officer or HR executive.

This approach is very unlikely to unlock the full value of being data driven. To do that, every person in the organisation has to recognise the importance of being fully data-driven as a competitive differentiator and embrace the need to build a data-driven culture within that organisation.

This is by no means a small ask. Apart from the significant challenges – both technical and human – that a business is bound to face en route to becoming truly data-driven, it’s likely that every person in a company has little to no idea of what the concept of ‘culture’ actually means in a company, let alone what a data-driven culture looks or feels like.

And that’s why the process of transforming a culture to be data driven must begin with the end in mind. That, of course, begs the question: What is a data-driven culture? Unfortunately, there is no simple answer as every business is different and will have different culture parameters. However, it is relatively safe to say that, irrespective of how businesses look or work, their data-driven cultures will have a few things in common.

For one, a data-driven culture will be built on the broad recognition of data as a vital, strategically essential business asset; one that allows the business to make well-considered decisions based on facts and figures rather than on intuition or past experience. Having a data-driven culture will also mean that the business fully recognises and embraces the ability of data and its application to empower all employees to perform their functions much more effectively. And lastly, a business will know that it has completed its transformation to a data-driven culture when it is able to identify and align its technical and business challenges and leverage data to solve both together.

When you consider these factors as characteristics of a data-driven culture, it becomes obvious that being data-driven is not solely a technical strategy. So, while it is important to recruit skilled and talented data scientists and technology professionals to give physical effect to the data-driven vision, trying to become data-driven in isolation from the business and all its other employees is almost certainly a recipe for failure. Which brings me to the second obvious question that will, or at least should, be asked by every business that wants to be able to unlock the full potential of data as a transformative, business building asset. And that is: How do we do it?

This, too, is a simple question without a simple answer. Most of the global organisations that are considered to have succeeded in becoming data driven still admit to being in the learning phase when it comes to embedding a data-driven culture. FNB is no exception. But we remain committed to the process and, I believe, have gained some valuable insights into the steps that businesses, and especially financial services organisations, need to take to move closer towards achieving a data-driven culture.

The first of these is to start by transforming thinking. You need to get the entire leadership body to commit to supporting and promoting a data-driven culture. Even if very few of them understand what that means, a good first step is to simply get board and executive management agreement to being willing to embrace a culture of openness and collaboration.

Then, with that leadership support, start to communicate with the entire organisation to create an understanding of the meaning and value of being data driven, both for the company and its employees and customers. Ultimately, any shift in culture is only possible when culture is mainstreamed. It cannot be the domain or responsibility of HR. So, an organised and strategic education campaign is essential to explain the benefits that embracing a data-driven culture will provide.

The next step is to commit to democratising data. When employees have access to data, its impact becomes obvious. Break down silos and protectionism. Make data, and its analyses, readily available, understandable, and transparent across the organization.

Obviously, it’s dangerous to just give everyone in the organisation unfettered access to all its data, since they probably don’t have the skills or tools to make use of that data. And that’s where the real culture shift happens, or must happen. Businesses need to focus on building collaborative, multi-functional teams. While tech experts may understand the technology and systems, data is first and foremost a business asset. So a data-driven culture has to be driven by the business. And since it’s unlikely that you’re going to find too many employees with a balanced combination of business and data skills, you need to build your data-driven culture on collaborative teams in which every team member is willing to acknowledge what he or she doesn’t know, and work closely with teammates that do. This approach should also inform all future recruitment decisions. In a data-driven culture, you don’t recruit just for a vacancy, you recruit to make teams stronger.

Finally, be patient. Changing a company’s culture takes time, effort and commitment. Even when the leadership sets the example, the shift only happens through organic growth and evolution.

Realise that there are legacies that have to be changed. The technology legacy systems are actually the easy part because you can throw money at those. But human legacies around how things have always been done in the past are much more difficult to shift. But it must be done, because it is impossible to change to a data-driven culture if all your people are not willing to recognise and embrace data as a key success facilitator.

While the need to build these types of data-driven cultures is becoming increasingly obvious, the unexpected, and valuable, side effect of achieving such a culture is that it has the potential to massively enhance employee morale and productivity. That’s not just because data-based decisions are infinitely more effective than those based on hunches. It’s also because employees grow as people when the work they do has meaning.

Data has the ability to quantify the impact that each employee is having on the customers and the business. And when staff see the tangible value of the contributions they are making, they become far more connected to the company values and their own professional goals, and the result is incremental improvements in personal performance and, of course, bottom-line results.

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