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Public Procurement Agreements Should Not Have Confidentiality Clauses: A Case of the Health Justice v the Minister of Health and Another (10009/22) [2023] ZAGPPH 689
The Promotion of Access to Information Act 2 of 2000 ("PAIA") is an empowering piece of legislation and allows that secretes cannot be hidden in the [...]
The cyber abys of no regulation – Who carries the responsibility to protect Democratic Discourse in Cyberspace?
The internet, once hailed as a beacon of free expression and connectivity, has become a double-edged sword, where voices can be amplified or silenced by algorithms [...]
Werksmans POPIA e-learning Course
Werksmans POPIA e-learning Course The Werksmans Protection of Personal Information Act (“POPIA”) e-learning course will provide your business and staff with a basic understanding on: • [...]
Shifting gears and driving competition: Proposed changes to the Guidelines for Competition in the South African Automotive Aftermarkets
The Competition Commission is proposing changes to its Guidelines for Competition in the South African Automotive Aftermarkets ("Guidelines"), and interested parties have until 13 May 2024 to comment! The [...]
Regulator or Legislature?
The Information Regulator ("Regulator") issued its first Enforcement Notice regarding non-compliance with the direct marketing provisions of the Protection of Personal Information Act 4 of 2013 ("POPIA") against FR [...]
Privacy: human right or fallacy in the digital world?
"The real question is, when will we draft an artificial intelligence bill of rights? What will that consist of? And who will get to decide that?" [...]
A minute before midnight, focus required! Deadline is 22 January 2024
and Chiara Ferri - Candidate Attorney The Media and Digital Platforms Market Inquiry ("the Inquiry"), which launched in October 2023, issued a Further Statement of Issues [...]
From Locked-In to Knocked Out: Vodacom’s million-rand fine by consumer watchdog and what it means for individuals and businesses
and Danelle Plaatjies, Candidate Attorney The National Consumer Tribunal recently issued Vodacom with a R1 million fine for contraventions of the Consumer Protection Act (the "CPA"). [...]
AI in farming
and Chiara Ferri, Candidate Attorney Adding value one industry at a time, artificial intelligence ("AI") is proving to be a fundamental tool in advancing technologies and [...]
Information Regulator grants its first exemptions under POPIA
The Information Regulator (Regulator) recently granted its first exemptions in terms of section 37(1) of the Protection of Personal Information Act 4 of 2013 (POPIA). The exemptions, [...]
Pre-owned purchases and the Consumer Protection Act
and Sabine Letellier, Candidate Attorney Purchasing a pre-owned vehicle may deprive a consumer of that new car smell, but it should never deprive a consumer of [...]
Enforcement notice issued to Dis-Chem due to contravention of POPIA
and Chiara Ferri, Candidate Attorney The importance of compliance has once again been highlighted as the Information Regulator issued an Enforcement Notice to Dis-Chem Pharmacies Ltd [...]
What are you worth? “if you’re not paying for a product, then you are a product.”
In the digital world, this happens to be true. But it is not only companies that have realised the value that lies in personal data and [...]
The privacy of customers seemingly protected by RICA
The Regulation of Interception of Communications and Provision of Communication Related Information Act 70 of 2002 ("RICA") was enacted more than twenty (20) years ago. Since [...]
The publication of information by the Auditor General in terms of PAIA
and Chiara Ferri, Candidate Attorney In the High Court judgment of Sakeliga NPC v The Auditor-General South Africa (36297/2022) [2023] ZAGPPHC 501 (30 June 2023) penned [...]
Exploring the right to privacy
Where does the right to privacy begin? Where does it end? Consider this in the context of a recent decision of the European Court of [...]
But first, there is a duty to exhaust internal remedies!
Before an aggrieved requester can approach a court for appropriate relief, following a decision of refusal for access to a record, such requester must first [...]
One database for all your identification information? Privacy considerations
The Department of Home Affairs (Home Affairs) recently published the Draft National Identification and Registration Bill (Draft Bill). The Draft Bill aims to provide for, [...]
AI and protection of data in the mining industry
and Chiara Ferri, Candidate Attorney The mining industry in South Africa has embraced to digital transformation. Machine Learning, Big Data and Artificial Intelligence ("AI") are [...]
The sword finally falls, ironically on justice itself | DoJ fine by Information Regulator
What is the price that one pays for not having antivirus software? R5 million according to the Information Regulator of South Africa (Regulator). That is [...]
Time to focus! Comments called for on the Electronic Communications Amendment Bill
and Chiara Ferri, Candidate Attorney The Electronic Communications Amendment Bill, 2022 (the Bill), has been published for comment and aims to introduce an array of significant [...]
Hand over the tax records! Section 35 and 46 of PAIA unconstitutional
and Siyabonga Galela, Candidate Attorney On 30 May 2023, the Constitutional Court handed down its ruling in the matter of Arena Holdings (Pty) Ltd and Others [...]
Information Regulator bites! Enforcement Notice issued against the SAPS
It was with great shock that the South African society learned about the rape of several women near Krugersdorp in July 2022. But what was [...]
Food-focused Market Inquiry Lift Off! The Commission officially launches Fresh Produce Market Inquiry
The Competition Commission ("Commission") has today, 23 March 2023, formally launched the Fresh Produce Market Inquiry (“FPMI”), following the publication of the final terms of reference [...]
ChatGPT: Yet Another Hurdle for Data Privacy?
Data Privacy & Cybercrime ChatGPT is an OpenAI[1] developed artificial intelligence (AI) chatbot which has been programmed to have advanced conversational capabilities. This means that the chatbot [...]