Telecoms must reveal info on govt snooping

Major telecoms companies have been asked to reveal how many times they were forced to share sensitive customer call records.

Right2know has lodged requests for surveillance statistics from MTN, Vodacom, Telkom and Cell C under the Promotion of Access to Information Act .

The usual procedure to legally intercept this type of information involves getting permission from a specially appointed judge.

But a loophole in the Criminal Procedures Act allegedly allows law-enforcement officials to bypass the judge and approach any magistrate for a warrant, forcing a telecoms company to hand over customer call records.

"A person's call records contain incredibly sensitive information and need high levels of protection to enforce the constitutional right to privacy," said R2K.

The application was made to get "desperately needed transparency in the use of state surveillance in South Africa, and the role of the private sector. There is growing evidence and growing fears that the South African government is abusing its surveillance powers."

Paul Scheepers, a former crime intelligence official, is facing charges in the Special Commercial Crimes Court for allegedly using fraudulent warrants, and the loophole, to spy on a variety of individuals, including lawyers, police and a financial services regulator.

The telecoms companies have 30 days to produce the requested information.