Compliance Law

SHEBURI V RAIL SAFETY REGULATOR – APPLICATION OF POPIA

On 2 March 2022, the CCMA handed down a ruling relating to an unfair labour practices dispute.  The applicant, an employee of the Rail Safety Regulator (the respondent), alleged that she was excluded from receiving benefits that were due to her which other employees were entitled to.  The respondent raised a point in limine objecting that the applicant’s bundle of [...]

By , | 24th March, 2022|Compliance Law, Data Protection, Dispute resolution, POPIA, Privacy Law|

Two first decisions on Google Analytics’ data transfers to the US

Following the “Schrems 2” decision from the Court of Justice of the European Union (CJEU) on 16 July 2020 invalidating the privacy shield((The Court of Justice invalidates Decision 2016/1250 on the adequacy of the protection provided by the EU-US Data Protection Shield (europa.eu).)), the European Data Protection Authorities (DPAs) are now taking the first “real world” decisions.   A few [...]

POPIA and Prior Authorisation

On 1 February 2022, section 58 (2) of the Protection of Personal Information Act, 4 of 2013 (POPIA) came into full operation.  This section relates to application for prior authorisation. What is prior authorisation and when should a Responsible Party apply for one? In instances where a Responsible Party is involved in processing certain types of information, they may need [...]

By | 7th March, 2022|Compliance Law, Data Protection, Information Security, POPIA, Privacy Law|

Public Private Partnerships (PPPs) and some insights into their failure

In a democratic society, the government has a crucial role in ensuring that it meets its service delivery obligations to its citizens.  Sometimes, the government may not have the capacity or expertise to roll out projects which benefit the public.  This is where Public Private Partnership (“PPP”) projects become relevant.  PPPs are projects undertaken within the government sphere, in conjunction [...]

WHY THE DEPARTMENT OF BASIC EDUCATION’S CAPITULATION ON THE PUBLISHING OF MATRIC RESULTS IS A TRAVESTY

The Pretoria High Court, today, granted an urgent interdict compelling South Africa’s Department of Basic Education (“the Department”) to publish matric results on various media platforms.  This was after the Department announced, on 10 January 2022, that it would no longer permit matric results to be published on public media platforms. The Department’s failure to oppose the interdict is a [...]

By | 27th January, 2022|Child law, Compliance Law, Data Protection, Privacy Law|

Privacy implications of wearable technologies – the case of smart glasses

Introduction The Internet of Things (“IoT”) refers to the interconnection via the internet of computing devices embedded in everyday objects, enabling them to send and receive data.  The IoT has become one of the most important emerging technologies.  There are various devices that form part of the IoT, including wearable technologies. As it stands there is no universally agreed upon [...]

By | 27th January, 2022|Compliance Law, Cybersecurity, Data Protection, Information Security, Privacy Law|

Public-Private Partnerships in ICT Infrastructure: An effective way to achieve SA’s 4IR Goals

Introduction A Public Private Partnership (“PPP”) is broadly defined as a commercial transaction between an institution and a private party in terms of which the private party either performs an institutional function on behalf of the institution for a specified or indefinite period; or acquires the use of state property for its own commercial purposes for a specified or indefinite [...]

CHALLENGES TO POPIA COMPLIANCE AND ENFORCEMENT

It has been a few months since the grace period for the coming into full operation of the Protection of Personal Information Act, 4 of 2013 (“POPIA”) lapsed.  The hype and frenzy around POPIA compliance is slowly dying down.  This may be because most organisations have taken the steps to ensure they are POPIA compliant or they are ‘testing the [...]

THIS MEETING IS BEING RECORDED: DO YOU HAVE TO CONSENT TO IT?

The use of video conferencing tools have surged with the COVID-19 pandemic.  When organising virtual meetings, meeting organisers frequently request from attendees their consent to use the recording functionalities as it is convenient to prepare minutes, keep accurate records of the meetings and easier to share with colleagues who might not have been able to attend the meetings.  There is [...]

SABC’s household broadcasting levy – The proposed new system

In June 2021, Cabinet passed the South African Broadcasting Corporation (“SABC”) Bill for public comment.  However, the SABC is unhappy with the Bill in its current form, stating that the Bill does not provide for adequate financing of the Corporation because it is struggling to collect TV licence fees.  South Africans have been increasingly resistant towards paying annual TV licence fees in [...]

By | 23rd November, 2021|Commercial Law, Compliance Law, IT Law, Telecommunications Law|