RICA and surveillance

17 September 2019 00:00

RICA AND SURVEILLANCE

The court declared that bulk surveillance activities and foreign signals interception undertaken by the National Communications Centre were unlawful and invalid.

Also challenged were the constitutionality of several provisions of the Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2002.

It was common cause that RICA and the bulk interceptions practice intruded on privacy section 14 rights. An important part of the controversy was whether an exercise involving section 36 and 39 of the Constitution could excuse the admitted privacy intrusions.

Read the full case here