SMSes alerting cellphone users about missing children constitutes spam, and should not be received without consumers' permission, says ICT lawyer Mike Silber, of Michalsons Attorneys.
His comments are in response to a call this week by the Democratic Alliance (DA) to the three major cellular operators in SA - Vodacom, Cell C and MTN - to avail their networks for the possible spread of alerts on issues such as missing children.
The political party says similar systems have been employed in countries such as the US, Britain and Canada, and use radio, SMS and MMS to transmit information and images across countries in minutes.
Silber has warned that this could have privacy implications, but says these could be waived if there is a serious concern that someone, adult or juvenile, has been abducted.
"The key is to avoid prank announcements or announcements from overly-worried parents," says Silber. He believes it is necessary "to have some barriers in place to avoid these types of [false] announcements."
He points out, though, that "one of the key issues for the networks is not to spam people who do not want such messages". He explains: "How would you like messages coming through at all hours of the day and night about children who are not even in your area?"
While he did not want to comment on the alleged "reluctance" on the part of cellular companies to get involved in child alert initiatives (as stated by the DA), he points out that voluntary subscriptions to such services do exist in SA through programmes like eBlockwatch.
Privacy concerns
Silber says there is also legislation in place that allows for the tracking of individuals through cellphone technology.
"Our Constitution confirms the common law right to privacy, but does not deal with specific privacy rights," says Silber.
While the draft Protection of Personal Information Bill has not yet been introduced in Parliament, the Regulation of Interception and Provision of Communication-related Information Act (RICA) does deal with disclosing a person's location.
Silber says the only way a person's location can be disclosed based on cellular technology is if it is provided to them directly or to "any person specified by the customer". This is what allows for GSM vehicle or mobile phone-tracking to take place. Law enforcement agencies can also get permission from a judge to track an individual via their cellphone and in cases of emergency, where a caller is in danger.
Vodacom chief communications officer Dot Field says the company "is not in a position to provide information to any third party" and requests the public deal directly with the South African Police Service.
She points out, though, that Vodacom has services such as Look4me and Look4help, where predetermined people can be informed of a user's location via their cellular phone, should the user allow this.
MTN and Cell C did not comment by the time of publication.
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