Data Protection

THE “NEDBANK BREACH”: WHAT IF THE PROTECTION OF PERSONAL INFORMATION ACT WAS IN FORCE?

Nedbank has handled the data breach its direct marketing services supplier - Computer Facilities (Pty) Ltd – suffered last week, reasonably well. This is evident from how they appear to have investigated it, to their frank, factual and informative press release. Apart from some reputational damage and a few million rand in forensics, legal and public relations agency fees, Nedbank [...]

By | 11th March, 2020|4IR, Cybersecurity, Data Protection, GDPR, PPM Attorneys, Privacy Law, Technology Law|

Protection of personal information during the Coronavirus outbreak

Introduction On 5 March 2020, the National Institute for Communicable Diseases (NICD) confirmed South Africa’s first case of the Coronavirus.[1] The news alert indicated that the patient had travelled to Italy with his wife and they were part of a group of 10 travellers. After consultation with his doctor, it was confirmed that the patient had been infected with coronavirus [...]

By | 10th March, 2020|4IR, Data Protection, PPM Attorneys, Privacy Law|

CHANGING THE INTERNET AS WE KNOW IT

In October last year, President Cyril Ramphoasa signed the Films and Publications Amendment Bill (“the Bill”) into law. The Bill first entered the National Assembly in 2015, but not before it was widely criticised as archaic, vague and broad enough to include everything from hard-core pornography to cat videos on Youtube. The last four years before the Bill’s enactment, have [...]

By | 10th March, 2020|4IR, Cybersecurity, Data Protection, Media Law, PPM Attorneys, Privacy Law|

READY YOURSELF TO COMPLY WITH THE PROMOTION OF ACCESS TO INFORMATION ACT

Section 32(1) of the Constitution entrenches the fundamental right of access to information.  This section provides a statutory right to request any record held by the state, as well as access to records held by public and private bodies. The Promotion of Access to Information Act 2 of 2000 (“PAIA”) enables people to gain access to information held by both [...]

By | 28th January, 2020|4IR, Compliance Law, Data Protection, PPM Attorneys, Privacy Law, Technology Law|

Tips for implementing effective privacy training in your organisation

Human error is the primary cause of personal data breaches[1]. The consequences of a data breach can be detrimental to a company and includes, not only direct damages and sanctions, but also substantial reputational harm. The mere occurrence of, as well as the costs and consequences of data breaches and data incidents could be drastically reduced by having appropriate awareness [...]

By | 28th January, 2020|4IR, Cybersecurity, Data Protection, GDPR, PPM Attorneys, Privacy Law|

Holding thumbs that SA’s Protection of Personal Information Act becomes effective on 1 April 2020!

Reports have been circulating, over the past two days, that South Africa's Protection of Personal Information Act, 2013 ("POPIA") could become law on 1 April 2020. These are certainly credible reports, as the Information Regulator has indeed written to President Cyril Ramaphosa, requesting that POPIA be made effective from the new (national government) financial year. The Information Regulator's Chairperson - [...]

Cloud services contracts and data protection

Technology constantly revolves and brings with it new opportunities for economic growth and development. Cloud services are one such technological development that has disrupted how businesses, organisations and private persons manage and store their data. Most people and businesses have migrated data management and IT solutions from the use of USBs, external hard drives, and hardware servers to cloud based [...]

To Disclaim or Not to Disclaim

Disclaimers are a good way for businesses to contract out of liability.  Most businesses disclaim any improper or unlawful use or dissemination of information contained in an electronic message or attachment or any harm or loss resulting from malicious software, code or viruses contained in an electronic message. Generally, an email disclaimer may address issues such as confidentiality, copyright, contract [...]

By | 3rd September, 2019|Cybersecurity, Data Protection, IP Law, IT Law, Media Law, PPM Attorneys|

Use of Facial recognition in schools sanctioned under GDPR

Biometrics is often presented as the most ergonomic and effective way of organising access control.  And this is probably the case! Local Swedish authorities reported that teachers were spending 17,000 hours a year reporting on attendance[1].  Given this shocking statistic, facial recognition at the classroom entrance could well be a very attractive option… The Swedish Data Protection Authority (the “Swedish [...]

By | 3rd September, 2019|4IR, Data Protection, GDPR, PPM Attorneys, Privacy Law|

And the winner is…

Promotional competitions and prize draws are one of the ways in which businesses increase sales of goods and services, while creating brand awareness among consumers.[1] Such competitions can be entered into via television, radio, company websites, newspapers as well as social media platforms. The Consumer Protection Act[2] (“CPA”) regulates promotional competitions or prize draws in South Africa.  Part E of [...]