We in South Africa have some of the best legislation in the world in the area of restricting criminal activities.
The most recent piece of legislation to come into effect is the so called RICA Act (The Regulation of Interception of Communications and Provision of Communication-Related Information Act) which now makes it compulsory for cellular service providers to verify your identity before selling you a SIM card.
The same legislation compels the cellular service providers to verify the identity of all existing customers (both contract and prepaid) within 18 months of July 1st 2009.
I am on record as a supporter of one of the aims of this legislation, that is the fact that having to prove your identity when buying a new pre paid SIM card WILL make it more difficult for scammers to operate the myriad of schemes that these cards are used for.
One of the aspects that does bother me about this legislation (and there are other which we will address in due course) is the question of HOW your identity will be verified.
I would guess that in most cases this will be done by way of the retailer or whoever sells you the card retaining a copy of your identity document.
This opens up the question of identity theft and others abuses.
I am sure that very few people know that NO LEGISLATION in South Africa compels ANY company or institution to retain a copy of your identity document.
None, not even your bank, can force you to leave them with a copy of your identity document.
Here is what the Ombudsman for Banking Services, Advocate Charles Pillay, had to say on the subject in a recent interview in the Cape Argus:
Consumers are not obliged to let banks copy their ID documents, and should refuse outright if any retailer wants to make a copy, says advocate Charles Pillay, the Ombudsman for Banking Services.
He was responding to reports that certain stores were insisting on copying ID books of customers paying for purchases with a cheque or credit card.
Two Capetonians and a Somerset West resident complained to Argus Action that Musica at NI City, Pick ‘n Pay Family Store in Camps Bay, and Benbel at Somerset Mall had each insisted on copying the IDs they had willingly shown when paying for their purchases.
The customers said store staff had dismissed their objections, and they feared that the existence of copies of their IDs in the hands of unauthorised individuals put them at greater risk of identity theft.
"They are right to be worried. I would refuse because the potential for a copy of my ID to be used to my detriment is just too great," said Pillay.
He said recent reports of a Department of Home Affairs syndicate creating duplicates of valid ID documents and replacing the photographs demonstrated the importance of keeping personal ID documents safe.
Asked why banks required customers to submit their IDs for copying, Pillay replied: "There is no obligation for them to do so.
"The Financial Intelligence Centre Act obliges banks to establish and verify the identity of every client before they can enter into a business relationship. But there is no obligation in the act to actually copying ID books.
"You can tell the bank you do not want your ID book copied. The bank can verify your identity by simply looking at you and at your photo and record on the file that it is satisfied that you are the person that appears in the ID book."
Regarding the apparent willingness of bank customers to hand their IDs over for copying, Pillay said most people probably did not object when banks copied their IDs because the documents were comparatively safe with a bank and there is no potential for them to be used for ID theft.
However, he said, "with a retailer, I would be concerned that ID theft is a real danger".
My very simple advice is to refuse to give ANY person a copy of your identity document for any reason whatsoever.
The risks are just to great.
I hope that the authorities and all involved think this through before going over to mass implementation.
If they don’t they could just create a bigger problem than the one that they hope to solve with the RICA legislation.
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How interesting! It seems the golden rule here will be don’t let your ID Document out of your sight even when the “officials” of a bank etc want to go make a copy – just like your credit card – always keep your eye on it. So what happens when you want to open a new account at a bank? They always ask for a copy which you then have to sign as a true copy (uh? does that make me a Commissioner of Oaths then?).