Analysis of South Africa's surveillance laws, RICA vs Section 205
Following a case made by amaBhungane, the Constitutional Court of South Africa has ruled that some provisions of the RICA (Regulation of Interception of Communications and Provision of Communication-Related Information Act) are unconstitutional. The proposed measure to alter RICA, South Africa's surveillance statute, is currently up for comment in the parliament. The bill's objective is to deal with court orders. These decisions require sending notifications following surveillance, increasing the independence of RICA judges , and introducing safeguards for covert surveillance warrants. Privacy groups are concerned, however, because the bill just addresses the court's specific directives and passes up the option to make more significant changes. The "section 205 loophole" is one matter of serious concern. The state is now able to acquire sensitive communication data without the protections of RICA thanks to Section 205 of the Criminal Procedure Act. It has been app...