Privacy 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|

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|

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|

How to avoid sanctions under POPIA

With the coming into full operation of the Protection of Personal Information Act, 4 of 2013 (POPIA), we have been receiving questions from clients regarding the implementation of the POPIA sanctions.  We noticed that a lot of people are confused on when POPIA sanctions can be imposed on a business, organisation or individual acting as responsible parties.  For example, if [...]

NFTs, intellectual property law, and their regulation

What are NFTs? NFT stands for non-fungible token.  NFTs are considered as a new and emerging technology that is represented by units on the blockchain.  In March 2021, the sale of a digital collage by an American artist known as Beeple, intrigued and fascinated many people around the world.  The sale price of $69.3 million((https://www.theverge.com/2021/3/11/22325054/beeple-christies-nft-sale-cost-everydays-69-million.)) was remarkable on its own, [...]

Measures your organisation can take to comply with condition 7 of POPIA

As more organisations move towards becoming compliant with the Protection of Personal Information Act (“POPIA”), many organisations are looking for a tailored solution to suit their business needs and to better protect the personal information that they hold.  Although condition 7 of POPIA does not stipulate the exact measures that must be taken, it requires that the responsible party must [...]

By | 26th January, 2022|Commercial Law, Data Protection, IT Law, Privacy Law, Technology Law|

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 [...]

Should contracting parties include a cybersecurity clause?

Cyber attacks are fast becoming the norm in our society.  The COVID-19 pandemic has accelerated this with a 485% increase of ransomware reported in 2020.  A cyber attack to an organisation’s system impacts more than just an organisation.  The impact can extend to clients, suppliers, contractors, and employees.  A cyber attack is even worse in instances where personal data is [...]