The Bill also provides that the interception of data, which is an “indirect communication” in terms of the Regulation of Interception of Communications and Provision of Communication-Related Information Act of 2002 (RICA), must follow the procedure as set out in RICA. However, this specific procedure in RICA currently forms the subject matter of a constitutional High Court challenge, due to its impact on the right to privacy and access to courts. In specific the Bill also prohibits, for instance, electronic communications service providers to disclose any information, which would include information of an interception order after an investigation, to their customers or to the public at large. This threatens the right to access to courts as the legality of the interception-order can never be reviewed. Furthermore, it is also possible for “information sharing” of this information between various new government structures created to deal with cybersecurity, which seriously infringes on the right to privacy.

For a more detailed analysis of the Bill, please see the full text of the submission.