2. Data protection vs. Data privacy
Data protection
Is about safeguarding
Fundamental right to privacy to
personal information collected,
processed and stored by automated
means or intended to be part of a
filling system.
Enshrined to international and
regional laws and conventions
Data privacy
Has been identified as a human right
in the Universal declaration on
Human Rights and the International
Covenant of Civil and political Rights
3. Regulation of Data Protection in South
Africa
The Information Regulator is, among others, empowered to monitor and enforce compliance by public
and private bodies with the provisions of the PPI Act. The Information Regulator is also responsible for
issuing codes of conduct for different sectors and to make guidelines to assist bodies with the
development and application of codes of conduct.
Chapter 7 of the PPI Act introduces Codes of Conduct. The development of codes of conduct will
contribute to the proper implementation of the conditions for the lawful processing of personal
information, as reflected in Chapter 3 of the PPI Act, in each sector. Section 60 of the PPI Act, among
others, provides that a code must prescribe how the conditions are to be complied with within specific
sectors as far as the processing of personal information is concerned.
Chapter 10 provides for complaints to be lodged with the Information Regulator by persons regarding
any interference with the protection of their personal information. Interference with the protection of
the personal information of a data subject consist, in terms of section 73, of—
(i) any breach of the conditions for the lawful processing of personal information set out in Chapter
3 of the PPI Act;
(ii) non-compliance with any obligations created in terms of the PPI Act; or
(iii) a breach of the provisions of a code that has been issued in terms of the Act.
4. South African Legislations Governing
Mobile Privacy and Data Protection
Constitution of the Republic of South Africa, 1996
South African Law Reform Commission Privacy and Data
Protection, 2009
Protection of Personal Information,2014
5. Availability of information
Retails stores , records all the personal information of the
client when they buy phones.
Explain to the clients how the information is going to be
stored and used for how long.
How are they going to disclose the information when is
needed by the third party, like a member of law or so.
Ask the client if he/she agrees to be on their database and
being contacted for promotions.
6. Confidentiality
Providers has to ensures that the information is being used
for the purpose specified only, beyond that they have to
contact the client, and ask permission.
7. Integrity
When they pass information to the third party they have to
follow up, and know exactly what are they using data for,
they have to protect their clients fully.
8. Conclusion
The laws are there, services providers do promise to protect
their clients , yet the clients still complains about receiving
calls from strangers, such as promotors selling insurance, it
can leave us with a question, if we are protected as clients,
then those promoters where are they getting our contact
details from.
Policy makers are doing their best, however, there are still lot
to be done, we are not 100% protected as consumers.
9. References
Constitution of the Republic of South Africa, 108 of 1996
http://www.justice.gov.za/legislation/constitution/SAConstitution-
web-eng.pdf
South African Law Reform Commission Privacy and Data Protection,
2009
http://salawreform.justice.gov.za/reports/r_prj124_privacy%20and%
20data%20protection2009.pdf
Protection of Personal Information Act, 2013
http://www.justice.gov.za/legislation/acts/2013-004.pdf
Electronic Communications Transactions Act, 2002
http://www.internet.org.za/ect_act.html
