Extracts
“Where a provider advertises a financial service
by telephone- an electronic, voicelogged record of all communications
must be maintained.”
“A direct marketer shall be obliged to record
all telephone conversations with clients in the course of direct
marketing and must have appropriate procedures and systems in place
to store and retrieve such recordings. Records of advice furnished
to a client telephonically need not be reduced to writing but a
copy of the relevant voicelogged records must be provided, on request,
to the client or Registrar within a reasonable time.”
Disclaimer
The information pertaining to the legality of telephone
recordings, is an interpretation of the law, by Ecko Technologies (Pty)
Ltd, as read on the Government Act. It serves only as a guide to any
visitor of this website. When recording telephone calls, it is the
responsibility of the user/owner/manager to obtain their own independent
legal advice in respect thereof.
Links
Regulation of Interception of Communications
and Provision of Communication-related Information Act (No. 70 of
2002)
Click
Here
Financial Advisory and Intermediaries Services Act (No 37 of 2002)
Click
Here
Promotion of Access to Information Amendment Act ( No 54 of 2002)
Click
Here
Intelligence Centre Act ( No 38 of 2001)
Click
Here
Short-term Insurance Act ( No 53 of 1998)
Click
Here
Long-term Insurance Act ( No 52 of 1998)
Click
Here
Quoted by a Respectable Attorney
Voice Recordings.
- Sound/voice recordings are apparently mainly regarded as documentary
evidence.
- Section 221 (5) of the CPA states that a document includes
“any device by which information is recorded or stored”
- Section 246 and 247 states that a document includes a record.
- The basic requirement of admissibility of any means of evidence
is relevance.
- In order to indicate that the product of a piece of equipment
is relevant for purposes of the trial concerned, it is usually
necessary to get someone’s testimony that the equipment was functioning
properly at the time concerned.
- The extent of this evidence will depend on the apparatus concerned
and the purpose of the evidence.
- With regards to voice/sound recordings there are various practical
aspects which require consideration;
Admissibility prerequisites-common law & on the basis that
a recording is regarding as documentary evidence.
- Generally Admissible
- In practice the contents of a document must be relevant, it may not
for example consist of inadmissible privileged or hearsay evidence.
- Genuine and authentic
- This does not mean the contents of the document are genuine, the
document (recording) must be what it purports to be.
- Primary/ Best evidence rule
- This means that it must be the original.
- The contents must be proved.
Electronic Communications and Transactions Act 25 2005
- Data message means data generated, sent, received or stored by electronic
means and includes;
- Section 15:
| 1) |
In any legal proceedings, the rules of
evidence must not be applied so as to deny the admissibility
of a data message, in evidence-
a) on the mere grounds that it is constituted by a
data message;or
b) if it is the best evidence that the person adducing it could
reasonably be expected to obtain, on the grounds that it is
not in its original form.
|
| 2) |
Information in the form of a data message must be given
due evidential weight. |
| 3) |
In assessing the evidential weight of a data message,
regard must be had to-
a) the reliability of the manner in which the data
message was generated, stored or communicated;
b) the reliability of the manner in which
the integrity of the data message was
maintained;
c) the manner in which its originator was identified; and
d) any other relevant factor.
|
| 4) |
A data message made by a person in the ordinary course
of business, or a copy or printout of or an extract from
such data message certified to be correct by an officer in
the service of such person, is on its mere production in
any civil, criminal, administrative, or disciplinary proceedings
under any law, the rules of a self regulatory organization
or any other law or the common law, admissible in evidence
against any person and rebuttable proof of the facts contained
in such record, copy, printout or extract. |
|
|
