Regulation of Interception of Communications Act 70 of 2002 (RICA)
The Regulation of Interception of Communications Act (RICA) regulates the interception of communications and the monitoring of communications in South Africa. Enacted in 2002, it provides for the authorization of interception, the obligations of communications service providers, and the protection of privacy in electronic communications.
Legal area: Law relating to electronic communications, cybersecurity, and digital transactions.
Year enacted: 2002
Full text: https://www.gov.za/documents/south-africa-rica
Key Provisions
- Chapter 2: Prohibition on interception of communications without authorization
- Chapter 3: Authorization of interception by judicial officers
- Chapter 4: Obligations of communications service providers to assist with interception
- Chapter 5: Monitoring of communications and data retention
- Section 1: Definition of interception including real-time and stored communications
- Section 21: Penalties for unauthorized interception
Significance
RICA is a critical statute in South Africa’s surveillance and privacy framework. The Constitutional Court in amaBhungane Centre for Investigative Journalism v Minister of Justice (2021) declared certain provisions of RICA unconstitutional for inadequate safeguards against surveillance abuse.