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Back to the Future: What data protection developments were there in 2024, and what lessons should SA businesses take into 2025 and beyond?
2024 was a big year for data protection in South Africa. The Information Regulator issued various enforcement notices and published draft regulations and guidance notes. There [...]
Privacy. Who is looking after the children?
As we celebrate International Privacy Day on 28 January 2025, we are called to look inward and ask how the Protection of Personal Information Act, 2013 [...]
Hey POPIA, is the publication of a person’s HIV status, positive or negative?
The right to privacy and the rights of public figures came before the court in the case of Tshabalala-Msimang versus Makhanya[1]. In this case, the Sunday [...]
Error 404 – when facial recognition does not see you – a tale of how R1, R2 and R7 wages were paid for a week’s work
Since its inception, facial recognition technology has been regarded as the future for security, safety, technology and innovation.[1] Indeed, the possibilities that arise from the usage [...]
Cybersecurity Breaches vs The SABS Breach of “Standards”
Issues of maladministration and mismanagement at the South African Bureau of Standards ("SABS") have been the subject of much contestation in the recent months and consequently, [...]
No, you cannot do and say whatever you feel like! Even if you are the scorned lover or wife
The internet and digital platforms have significantly impacted privacy rights and the legal landscape. Social media, blogs, and other online forums, the cyber landscape, has left [...]
Further into Africa…Botswana enacts a “new” Data Protection Act. Does this spell a new dawn?
On 29 October 2024, Botswana's "new" Data Protection Act 18 of 2024 ("the new DPA") was published in the government gazette and came into effect. Prior [...]
A tale of cybersecurity blame, who bears responsibility?
Who is responsible for the payment of loss arising from cyber fraud, specifically when an email correspondence is intercepted by a scammer and banking details are [...]
Direct marketing Guidance Note issued, but only the future will tell
On 04 December 2024, the Information Regulator ("Regulator") published the long-awaited Guidance Note on Direct Marketing ("Guidance Note") in terms of the Protection of Personal Information [...]
Going nowhere fast, proposed amendments to the direct marketing regulations under the CPA published, and your comments are sought!
On October 28, 2024, the Department of Trade, Industry and Competition (dtic) published draft amendments to the regulations under the Consumer Protection Act 68 of 2008 [...]
When Mergers Merge: Guidelines on Indivisible Transactions
The Competition Commission (the Commission) has released its final guidelines on indivisible transactions (the Guidelines). These guidelines are crucial for understanding the Commission's approach to determining whether [...]
Turning the wheel, final automotive aftermarket guidelines issued!
The Competition Commission ("Commission") has recently issued final Guidelines for Competition in the South African Automotive Aftermarket ("Guidelines") first published in December 2020 and revised by [...]
The need for an AI framework in South Africa
The 2024 Nobel Prize in Physics was awarded on 8 October 2024 to John Hopfield and Geoffrey Hinton for their “foundational discoveries” that enable machine learning with artificial [...]
How SIM cards and open Wi-Fi allegedly exposed the SANDF’s data weaknesses
The South African National Defence Force ("SANDF") plays a critical role in safeguarding South Africa's sovereignty and territorial integrity.[1] As the backbone of South Africa's defence [...]
The paradox between the right to privacy and the right to freedom of expression
Botha v Smuts and Another [2024] ZACC 22 The right to privacy, a shield against unwanted intrusions, allows individuals to control their personal information and make life [...]
How you driven through to how safe your personal information is with Uber
"Uber did not meet the requirements of the GDPR to ensure the level of protection to the data with regard to transfers to the US. That [...]
POPIA face-off on Facebook: High Court says social media post is unlawful, orders interdict
In the recent High Court decision of Munetsi v Madhuyu, the applicant sought a court order against the respondents to remove a video that they posted [...]
When Three Legal Planets Align… WhatsApp Must Pay a $220 000 000.00 Fine
The Federal Competition and Consumer Protection Commission ("Commission"), being the foremost agency in Nigeria, responsible for the promotion, protection, and enforcement of competition and consumer protection, [...]
Mr. Pty Ltd, You Have a Right to Privacy!
When thinking about the Protection of Personal Information Act 4 of 2013 ("POPIA") individuals often, mistakenly so, think about the protection of personal information belonging to [...]
PAIA Report Deadline – 30 June 2024
Attention all private and public entities; the deadline for submission of your report detailing all the requests for access to information received and processed in terms [...]
Bulk interception and surveillance and the might of the State
"It’s important to recognize that you can’t have 100 percent security and also then have 100 percent privacy and zero inconvenience. We’re going to have to [...]
The nexus: Disinformation, Misinformation, and Privacy in the Age of Gen AI
The risks associated with disinformation and misinformation have reached heights never seen before in the era of Generation AI (Gen AI), where artificial intelligence (AI) technologies [...]
Change is inevitable with the evolution of technology
Vision without action is merely a dream. Action without vision just passes the time. Vision with action can change the world ~Joel A. Barker The intersection [...]
Whatever it is, it’s never what you thought it was…. Intersection between privacy and AI
Lwazi-Lwandile Simelane - Candidate Attorney The permeation of artificial intelligence ("AI") into our society as a whole and into our personal lives is undeniable. The use [...]
No Interest, No Problem: The SCA confirms that the NCA applies to “credit agreements” only
Nombulelo Bashe - Candidate Attorney In the recent decision of Nel & Others v Cilliers, the SCA had to determine whether a sale of shares agreement [...]