Failure to Implement Privacy Legistation Impacts the Cybersecurity of South Africa

Posted April 22, 2015
There is little doubt that over the past year there has been a sharp escalation in the recognition of cyber-threats. Commensurate with this escalation has been the consideration and implementation of measures to combat the cyber-threats. .......

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Privacy - "We have done a good job" - Minister of State Security

Posted March 23, 2015
During the afternoon of the 4th March 2015 I took the opportunity of listening to the parliamentary debate, during which the Honourable Minister of State Security (incorrectly referred to by the EFF as the “Secret Service”) gave answers to questions relating to the jamming device in Parliament and the well-publicised security leak of sensitive information.

Regrettably, the Honourable Minister was less than forthcoming in answering questions put to him by opposition parties...

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Privacy - A Human Right

Posted March 9, 2015
In a recent interview Tim Cook, the CEO of Apple, not only rivalling Coca Cola as the best known brand in the world but now also the company with the largest market capitalisation ever, reaffirmed Apple’s commitment to privacy. Cook said: “None of us should accept that government or a company or anybody should have access to all of our private information. ..."

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Data Privacy: Sea-change in attitudes to Protection of Personal Information?

Posted January 21, 2015
The past year

The 2014 calendar year was tumultuous with regard to information security and privacy of personal information. Laws, decisions of regulators and courts defining how personal information may be used and the protections which processors of personal information are obliged to establish, implement and maintain have been the reaction to a global groundswell of concern arising from abuses of personal information magnified by the Snowden revelations. ... I highlight some of the important trends and developments.
  • "right to be forgotten"
  • "do not track"
  • drones
  • "Sony-hack"
2015
  • "tech trends you can't ignore in 2015"
  • President Barack Obama announced sweeping privacy reforms
  • Consumer Bill of Rights
  • "Personal Privacy Marketplace"
South Africa

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CYBERCRIME: ARE SOUTH AFRICANS IMMUNE FROM ITS HARM?

Posted July 31, 2014
The cover story of Time Magazine of 21st July 2014 is titled “The Code War – the Internet is a battlefield, the prize is your information, the bugs are the weapons". The article deals with vulnerabilities in software which allow access to the software and the downloading of malware (viruses and worms) which embed programmes and execute them on those computers. The result is that typically access can be gained to information on vast networks and this information can be harvested and used by the perpetrators of the intrusion. In certain instances the executable programmes interfere with the proper operation of the programmes and computers and may be extremely destructive.

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PRIVACY: OBSERVATIONS ON RECENT EVENTS

Posted July 31, 2014

Recent weeks have seen several issues which are of importance from a privacy perspective. They also illustrate why privacy is the burning jurisprudential issue globally as our information society seeks a balance the benefits that information and communication technologies provide with the violations of privacy that have arisen from the unfettered processing of information, personal or otherwise.

  • Right to be Forgotten
  • How would you feel about having your emotions manipulated?

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POPI & PRIVACY: IMPORTANT RECENT DEVELOPMENTS

Posted June 9, 2014
As the world wrestles with legal and practical implications of novel technologies and their application in the processing of personal information the past two weeks have seen important developments on the privacy front. These are addressed, in summary, in this newsletter and links to documentation which may be of interest to you are provided.
  • Right to be Forgotten
  • Big Data and Data Brokers
  • Cyber Essentials

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POPI : CABINET APPOINTMENTS AND PRIVACY

Posted May 28, 2014
2014-5
Deputy Minister John Jeffery


Mr John Jeffery has been appointed the Deputy Minister of Justice. Mr Jeffery has been involved in the passage of the draft Protection of Personal Information Bill through Parliament to its enactment. As such he understands the importance of the protection of personal information to South African citizens.

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PROCLAMATION OF COMMENCEMENT OF THE PROTECTION OF PERSONAL INFORMATION ACT RELATING TO THE REGULATOR

Posted April 16, 2014
Proclamation by the President providing for the commencement of the POPI Act in certain limited respects. ...... This step is welcomed and signals the first phase of the implementation of the Act.

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eTOLLS – PRIVACY AND SANRAL’S RESPONSE

Posted March 24, 2014
2014-4
On the 13th January 21014 I published a newsletter which highlighted the potential compromise of personal information and the lack of understanding on the part of most South African institutions regarding their obligations for information security and privacy....

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THE RELATIONSHIP BETWEEN PRIVACY & IS IN THE CONTEXT OF THE PROTECTION OF PERSONAL INFORMATION

Posted February 24, 2014
... the issue of the relationship between privacy and information security has been raised on several occasions. In some instances it has become apparent that there is a misunderstanding of the relationship between information security and privacy. Some clients have addressed the two issues completely separately, with legal and compliance functions dealing with privacy issues and ICT functions dealing, quite separately, with information security. I think that this approach is doomed to failure and believe that it holds a distinct danger that either one the separate projects will adversely affect the other. This has prompted me to provide this guidance ...

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PRIVACY AND CIVIL LIBERTIES – PRESIDENT BARACK OBAMA’S SPEECH

Posted January 20, 2014
President Obama announces steps taken by his administration and issues to be referred to Congress, aimed at ensuring that the fine balance between national security and civil liberties, most notably that of privacy, is established, constantly monitored and maintained.

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eTOLLS – PRIVACY AND SANRAL’S RESPONSE (SECURITY FAILURES IN SANRAL'S eTOLL SYSTEM)

Posted January 13, 2014
The recent exposure of security failures in the Sanral eToll System and the potential for compromise of personal information highlights a general lack of understanding of obligations by South African institutions to properly secure information and protect personal information. The unfortunate lack of urgency in the Parliamentary process has no doubt contributed to the general perception that the Constitutional right of privacy is unimportant.

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