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Privacy and Protection of Personal Information law seminar

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  • Thank you for being here and welcome. This is not the reaction that I hope I get from you. When considering attending a presentation by a lawyer talking about the law, many people think boring. I hope you enjoy the seminar and that you become more aware of [ICT/email/PPI] laws that ply to your organisation. Before we continue I’d like to get a better idea of the audience and who is here. Who is a director? Auditors and assurance providers?Any risk managers?How many CIOs or IT managers?How many compliance officers are there? How many Governance officers?Information Officers?IT Security officers?Are there any lawyers or legal advisors in the audience?

Privacy and Protection of Personal Information law seminar Privacy and Protection of Personal Information law seminar Presentation Transcript

  • Be aware of the Privacy and Protection of Personal Information (PPI) laws that apply to your organisation
    John Giles
    ICT lawyer
    john@michalsons.com
    083 322 2445
    t. 086 011 1245
    skype. johngiles
    www.OnlineLegal.co.za
    www.MichalsonsAttorneys.com
  • Thank you
  • The goal today
  • King III
  • What must your organisation comply with?
    “the board should ensure that the company complies with IT laws and that IT related rules, codes and standards are considered.“
  • Ignorance of the law is no excuse
    You should have a working understanding of the effect of the applicable laws, rules, codes and standards on the company and its business.
    The induction and ongoing training programmes should incorporate an overview of and any changes to applicable laws, rules, codes and standards.
    You should sufficiently familiariseyourself with the general content of applicable laws, rules, codes and standards to discharge your legal duties.
    You should understand the context of the law, and how other applicable laws interact with it.
  • Who needs to be aware?
    CAE
    CRO
    Legal
    CO
    CIO
  • Impossible Task?
  • Overwhelmed?
  • The benefits of being aware?
  • FinlandPersonal DP Act
    In force 1 June 1999
    NorwayPersonal D Reg Act
    In force 14 April 2000
    DenmarkAct on Processing f PD
    In force 1 July 2000
    SwedenPersonal Data Act
    In force 24 October 1998
    Ireland*-
    Bill to be approved
    BelgiumData Protection Act
    In force 1 Sep 2001
    United KingdomData ProtectionAct
    In force 1 March 2000
    Germany*-
    Bill to be approved
    Luxembourg*
    -
    Bill to be approved
    AustriaData Protection Act
    In force 1 January 2000
    NetherlandsPersonal DP Act
    In force June 2001
    CanadaPIP&ED Act
    Commenced 1 Jan 2001
    ItalyData Protection Act
    In force 8 May 2000
    MexicoeCommerce Act
    In force 7 June 2000
    France*-
    Bill to be approved
    United States (Federal)CPP Act 1984
    VPP Act 1988
    COPP Act 1998
    In force 21 April 2000
    HIPA Act
    In force 14 April 2001
    GLB Act
    In force 1 July 2001
    ‘General’ Act
    In consideration
    SpainData Protection Act
    In force 14 January 2000
    AustraliaPrivacy Act
    In force 21 Dec 2001
    Hong KongPersonal Data (Privacy)
    In force 20 Dec 1996
    GreeceProtection Processing PD
    In force 10 April 1997
    New ZealandPrivacy Act
    In force 1 July 1993
    PortugalPersonal DP Act
    In force 27 October 1998
    TaiwanComputer Processed DP
    In force 11 August 1995
    South KoreaeCommerce Act
    In force January 1999
    Eastern EuropeEstonia(96) Poland (98)Solovak (98) Slovenia(99)
    Hungary (99)Czech(00) Latvia(00) Lithuania (00)
    SwitzerlandData Protection Act
    In force 1 June 1999
    Global PerspectiveNational Private Sector Privacy Protection
    SOUTH AFRICA?
  • An Information System
  • Section 14(d) of the Constitution
    “14. Everyone has the right to privacy, which includes the right not to have-
    (d) the privacy of their communications infringed.”…
    Limitations
  • Common lawChildren’s ActCustoms and Excise Act
  • National Credit Act
    Confidential Information section 1
    ‘personal information that belongs to a person and is not generally available to or known by others’
    Section 68
    Still stands – not repealed by PPI Bill
  • ECT Act
  • PAI Act
  • RICA
  • PPI Bill
  • To ask questions and find the detail
  • Thank you
    John Giles
    john@michalsons.com
    Michalsons Attorneys can help apply ICT laws to your specific circumstances
    www.MichalsonsAttorneys.com
    “ICT Law with Insight”
    Copyright © Michalsons 2002-2009
    The information contained in this presentation is subject to change without notice. Michalsons makes no warranty with regard to the material, including the implied warranties of fitness for a particular purpose. Michalsons will not be liable for errors or for incidental or consequential damages in connection with this material. This document contains proprietary information that is protected by copyright. All rights are reserved. No part of this document may be photocopied, reproduced, or translated to another language without the prior written consent of Michalsons. This document is an unpublished work protected by the copyright laws and is proprietary to Michalsons. Disclosure, copying, reproduction, merger, translation, modification, enhancement, or use by any unauthorised person without the prior written consent of Michalsons is prohibited. Contact John Giles at john@Michalsons.com for permission to copy.