Technology continues to challenge the legal system and sometimes laws battle to keep up with the speed at which technology is changing, and the various new technologies that are launched. The Tech Legal Matters podcast explores cybersecurity, privacy, and data protection and other similar topics at the intersection of technology and the law. Subscribe to this podcast, published by iAfrikan [...]
The speed of digital innovation and the emergence of technologies such as facial recognition and fingerprint authentication has brought with it privacy and cybersecurity concerns. In the recent months, after the killing of George Floyd, law enforcement authorities in the United States deployed powerful surveillance tools to monitor and track the protests against systemic racism and police brutality. Drones were [...]
On 15 March, due to the Covid - 19 pandemic, the state issued an order which prohibits the holding of public meetings. These clear measures were introduced to combat the spread of Covid – 19 and are expected to influence the chosen format of annual general meetings (“AGMs”) for a long time. Against this background of the Covid - 19 [...]
The fourth industrial revolution (“4IR”) is causing significant changes to the way we live, interact and do business. This is the future of technology, where objects, machines and various other devices connect with each other in a secure, networked environment. 4IR is being driven by intelligent machines that can perform complex tasks automatically by communicating with other machines, with little [...]
Here's a link to a very useful guide on South Africa's Protection of Personal Information Act, prepared by Delphine Daversin and Melody Musoni as part of the International Comparative Legal Guide (ICLG) - Data protection law and Regulations 2020. This guide, published by Global Legal Guide (GLG) is available on line for 39 jurisdictions. It also includes expert analysis chapters [...]
The Independent Communications Authority of South Africa (“ICASA”), the country’s communications regulator, last night, briefed Parliament’s Portfolio Committee on Communications on progress regarding the licensing of the long awaited high-demand frequency spectrum (“the IMT Spectrum”), the licensing of the Wireless Open Access Network (“the WOAN”) and the regulation of TV White Spaces. ICASA Councillor, Nomonde Gongxeka-Seopa, who spoke on behalf [...]
South Africa’s President, Cyril Ramaphosa, announced yesterday that the Protection of Personal Information Act, 2013 will be fully effective from 1 July 2020.[1] This is great news for SA because it enhances its plans to grow its digital economy. For example, if SA is able to show that its data privacy law is adequate for the European Union’s purposes, more [...]
By now, everyone knows that certain constitutional rights can be limited in order to serve a public interest such as public health. However, concerns around privacy protection keep mounting, especially so with the implementation of lockdown regulations on contact tracing.[1] Contact tracing is being implemented on a global scale with countries leveraging different technologies to prevent the spread of COVID-19. [...]
There is general consensus that, if conducted lawfully and in compliance with privacy and related laws, combating Covid-19 with mobile track and trace technology may be justified. Stakeholders in South Africa, who are normally vociferously outspoken when privacy rights are concerned, have not protested too much about its Contact Tracing Regulations. One aspect that many of us may have overlooked, is [...]
Here's what you need to do to continue operating as an essential service, e.g. a telco or data centre, during the SA lockdown: Obtain a copy of the Disaster Management Act, Amendments to the Regulations, published on 25 March 2020 in Notice No.398 in Government Gazette No. 43148; Consider the definitions under Regulation 11A to determine whether your organisation is [...]
