30 September 2009 by

More legislation requiring compliance by employers

The Regulation of Interception of Communications and Provision of Communication - Related Information Amendment Act 48 of 2008 (the Act), came in to effect on the 1 July 2009.

One of the aims of the Act is to delineate information that must be obtained and stored in respect of Subscriber Identity Modules (SIM card) and cellular telephones. In terms of the Act, any juristic person who provides a SIM card to a person in its employ must, prior to handing the SIM card to the employee, record and store the full names and surname, identity number and an address of the employee. In addition, the juristic person must verify the information obtained from the employee.

The information must be stored for a period of five years. If a juristic person fails to comply with the above, the juristic person is guilty of an offence and liable on conviction to a fine not exceeding R100, 000 for each day on which such failure to comply continues.

Aadil Patel,
Director, National Practice Head: Employment law

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