Re: MTN pre-paid epic service delivery failure.

As the case develops I received this claim from MTN in response to my IOZ
posting here.  Form the office of the Group Executive...

<quote>

We are prohibited in terms of the Regulation of  Interception of
Communication and Provision of Communication Related Information Act 70 of
2002 from divulging any call data records of subscribers on the MTN
Network, unless we are requested to do so under compulsion of law (in terms
of a subpoena), or unless a request is made in terms of the Promotion of
Access to Information Act No 2 of 2000 (PAIA). In respect of requests made
in terms of PAIA, it is a specific requirement that a formal request be
made where the attached documentation must be completed as required by law.

** **

This requirement as per legislation is to protect the confidentiality of
subscriber call details and to ensure that this information is not easily
provided to a 3rdparty who is not entitled to receive and / or request
these records. Whilst we may understand that these requirements may seem
onerous, it is done to protect our subscribers from the unlawful disclosure
of their confidential call data records.
</quote>

I will respond to them in private, but they claim that they are prohibited
from providing statement information in terms of RICA to the actual
subscriber, but conveniently ignore the "to the actual subscriber".  This
must be a first!  Isn't that in conflict with the CPA?  The request was
originally logged by the subscriber and denied.

Are other MNO that do provide statements therefore breaking the RICA as MTN
claim.  And are MTN breaking the law by providing this information to non
pre-paid clients?

regards

Roland

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