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The Twitter data hack
Data Privacy & Cybercrime by Ahmore Burger-Smidt, Head of Regulatory Practice and Chiara Ferri, Candidate Attorney In the first week of January 2023 hackers scraped the [...]
The myth of consent: Big tech meets (big) data protection
Data Privacy & Cybercrime Consumers rely on digital platforms such as Google, Amazon and Takealot to gain wider and more convenient access to a variety of [...]
Too good to be true? What about your privacy?
It is common cause that the tech-bug has bitten us all (almost), and the evolution of the mobile application ("mobile app/app") industry is but a symptom [...]
Should there be limits on the extent to which personal information of a company’s shareholders are available to the public?
Section 26(2) of the Companies Act 71 of 2008 ("Companies Act") provides that any person has the right to access a company's records, including, amongst others, [...]
Reviewing and updating your privacy notices
Transparency is one of the key principles for the lawful processing of personal information worldwide. If you collect and use people's personal information, you have most [...]
A double-edged sword: revenge porn and the Cybercrimes Act
Recently, South Africa has been experiencing a barrage of cyber-attacks and/or cyber-related/enabled crimes, with many individuals and organisations being caught flat-footed. [1] In 2021, South Africa [...]
Code of conduct of the Banking Association of South Africa: Finally approved
We have, on multiple occasions, published articles on the Banking Association of South Africa's (BASA) code of conduct. On 11 June 2021, the Information Regulator published [...]
The right of access to information vs. The right to privacy
The right of access to information is a unique right in the Constitution of the Republic of South Africa, 1996 as it places an obligation on [...]
When the walls fall in
Ring-a-round the rosie, A pocket full of posies, Ashes! Ashes! We all fall down The Information Regulator has officially made her presence known. The Enforcement Committee [...]
Not every crime is a cybercrime – The dichotomy of cyber-enabled crimes and cybercrimes
The global adoption of digital technology is rapidly increasing, which increase has caused an evolution in criminal behaviour resulting in the increased occurrence of cyberattacks on [...]
Road block ahead! Are data protection laws stifling technological innovation?
by Ahmore Burger-Smidt, Head of Data Privacy and Cybercrime Practice, and Siyabonga Galela, Candidate Attorney Oh, where the time has gone! It has been four years since the [...]
Sticks, straws and bricks: POPIA compliance strategy & governance framework
The Protection of Personal Information Act, 4 of 2013 (POPIA) is now over a year in full effect. Indeed, the POPIA compliance process has not come [...]
POPIA and consent, the biggest misunderstanding?
“Sometimes you have to travel a long way to find what is near” Paulo Coelho It has been over a year since the compliance deadline of [...]
Fake news – The three sisters: Mis, Dis and Mal.
by Ahmore Burger-Smidt, Head of Data Privacy and Cybercrime Practice, and Siyabonga Galela, Candidate Attorney Fake news Introduction The Fourth Industrial Revolution (colloquially referred to as [...]
Affected persons are invited – again – to provide comments on The Code of Conduct for The Banking Association of SA
On 24 June 2022, the Information Regulator of South Africa (Information Regulator) published a notice in terms of section 61(2) of the Protection of Personal Information [...]
Can’t make head or tail of POPIA? Lessons from Sheburi V Rail Safety Regulator
The Protection of Personal Information Act 4 of 2013 The Protection of Personal Information Act 4 of 2013 ("POPIA") came into full effect on 1 July [...]
Paint-by-numbers: Competition law litigation against Google and Meta
Online Intermediation Platforms Market Inquiry Is it with bated breath that one should await the outcome of the Online Intermediation Platforms Market Inquiry conducted by the [...]
Code of conduct of the Banking Association of South Africa: What we know
Codes of conduct focused on the processing of personal information by Ahmore Burger-Smidt, Director and Head of Data Privacy and Cybercrime Practice and member of the [...]
Data protection and privacy regulation: A roundup of developments in Africa in 2021
Data protection, cybercrimes and/or cybersecurity laws The increase in internet penetration in Africa has made it easier to collect, use and share large quantities of personal [...]
The metaverse and data privacy: Will regulation keep up?
What is the metaverse? On 28 October 2021, Facebook Inc.'s chief executive officer Mark Zuckerberg announced the rebranding of his company to Meta. More importantly though, [...]
The PAIA and POPIA dichotomy: What information are you requesting?
Promotion of Access to Information Act, 2 of 2000 We have received numerous queries from clients seeking advice on attending to requests in terms of the [...]
Data protection impact assessment required despite “Might of the State”
Kenyan High Court Introduction On 14 October 2021, the Kenyan High Court declared the collection of biometric information and the rollout of the country's digital ID [...]
Your Actions in Cyberspace can Land You in Prison!
Cybercrimes Act, 19 of 2020 By proclamation in the Gazette, President Cyril Ramaphosa has fixed 1 December 2021 as the date on which certain sections of the [...]
Finally, my little eye spies a PAIA Guide!
Promotion of Access to Information Act 2 of 2000 The 28th of September was declared by UNESCO in 2019, as The International Day for Universal Access [...]
Data breaches: to notify, or not to notify, that is the question
Data breaches We have had a number of clients approach us on the issue of security compromises or "data breaches" and have quickly come to learn [...]
