UCC answers: Do Telecom Companies keep Voice and SMS recordings of our conversations?

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Image Credit: Conscious Minds

The communications regulator and law enforcement are trying to curb the rampant crimes that are mostly masterminded on mobile phones. This has put a huge question about the privacy of all conversations that are transmitted through cellular devices. Do telecom keep voice and SMS recordings of our conversations for security or any other reasons? The quick answer is NO!

Ibrahim Bbosa Explains

“Many individuals have approached the regulator with court orders requesting for voice recording usually for evidence in court proceedings.

There is no legal requirement for telecoms to keep voice & SMS recordings of customers. This would require serious investment in data storage and management for the over 24 million mobile phone subscribers. Therefore, the legal risks are high and zero economic benefits.

If an operator was to keep this data voluntarily, the risks associated with misuse and violations could bankrupt operators. Therefore, operators can’t risk going against the existing privacy and confidentiality provisions of the law and licensing terms and conditions.

The Communications Act, Section.79 makes it unlawful to intercept, interfere and unlawfully disclose information relating to a communication. As a result, anyone in breach is liable on conviction to a fine of 120 currency points or imprisonment for 5 years or both.

A license requires Operators are to ensure and maintain confidentiality of content of all communications and data they obtain serving a customer. This is either through their network or interconnecting on other networks. Content shouldn’t be divulged or disclosed to any third party without a warrant from a competent Court of Law.”

Exceptions for Communication Interception

The Regulation of Interception of Communications Act (RICA) provides for the lawful interception and monitoring of certain communications authorized by warrant. The following people or their nominees can make an application for the lawful interception of any communication.

  • The Chief of Defence Forces
  • Director General of ESO
  • Director General of ISO
  • The IGP