involves national security, including activities that are aimed at assisting in the
identification of the financing of terrorist and related activities, defence or public
safety”.
121 Also on national security, the POPI Act is inapplicable when the
processing is for prevention and detection or assistance to locate proceeds of
unlawful activates and the combating of money laundering activities.
122 Some of
the conditions for lawful processing are also suspended on the grounds of national
security. For example, the principle of collection directly from the data subject may
be excluded in the interest of national security in terms of the Act.
123 The Regulator
may also exempt certain processing if it is satisfied that national security interest
outweighs the interest of privacy and data protection.
124
With regard to the RICA, section 16(5) permits a judge to grant an interception
direction when he is satisfied, on the facts alleged, that there are reasonable grounds
to believe that the gathering of information (which may include personal information) concerning an actual or potential threat to national security is necessary.
125
Furthermore, the judge must be satisfied that only relevant information will be
obtained by such interception and other investigative procedures have been applied
and failed.
126
Under the RICA, the designated judge may also grant a real-time or archived
communication-related direction for national security purposes.
127
In respect of the POPI Act, its exclusion from national security matters only
applies “to the extent that adequate safeguards have been established in legislation
for the protection of such personal information”.
128
Under the RICA, interception of communication, as stated in 23.1 above, can
only be carried out for national security purposes with an interception direction from
a designated judge under well-defined circumstances.
4.5 Remedies and Sanctions
Various remedies are available in the POPI Act for a breach of data protection in the
context electronic processing. As mentioned earlier, the Act does not discriminate
regarding electronic processing or if it is in a context of services provided at a
distance. The general data protection rules are applicable in all processing which
121 Section 6(1)(c) of the POPI Act.
122 Section 6(1)(c) of the POPI Act.
123 Section 12(2)(d) of the POPI Act.
124 Section 37(2) of the POPI Act.
125 Section 16 (5)(a) (ii) and (iii) of RICA.
126 Section 16(5)(c) of RICA.
127 Section 17(4) of RICA.
128 Section 6(1)(c) of the POPI Act.
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identification of the financing of terrorist and related activities, defence or public
safety”.
121 Also on national security, the POPI Act is inapplicable when the
processing is for prevention and detection or assistance to locate proceeds of
unlawful activates and the combating of money laundering activities.
122 Some of
the conditions for lawful processing are also suspended on the grounds of national
security. For example, the principle of collection directly from the data subject may
be excluded in the interest of national security in terms of the Act.
123 The Regulator
may also exempt certain processing if it is satisfied that national security interest
outweighs the interest of privacy and data protection.
124
With regard to the RICA, section 16(5) permits a judge to grant an interception
direction when he is satisfied, on the facts alleged, that there are reasonable grounds
to believe that the gathering of information (which may include personal information) concerning an actual or potential threat to national security is necessary.
125
Furthermore, the judge must be satisfied that only relevant information will be
obtained by such interception and other investigative procedures have been applied
and failed.
126
Under the RICA, the designated judge may also grant a real-time or archived
communication-related direction for national security purposes.
127
In respect of the POPI Act, its exclusion from national security matters only
applies “to the extent that adequate safeguards have been established in legislation
for the protection of such personal information”.
128
Under the RICA, interception of communication, as stated in 23.1 above, can
only be carried out for national security purposes with an interception direction from
a designated judge under well-defined circumstances.
4.5 Remedies and Sanctions
Various remedies are available in the POPI Act for a breach of data protection in the
context electronic processing. As mentioned earlier, the Act does not discriminate
regarding electronic processing or if it is in a context of services provided at a
distance. The general data protection rules are applicable in all processing which
121 Section 6(1)(c) of the POPI Act.
122 Section 6(1)(c) of the POPI Act.
123 Section 12(2)(d) of the POPI Act.
124 Section 37(2) of the POPI Act.
125 Section 16 (5)(a) (ii) and (iii) of RICA.
126 Section 16(5)(c) of RICA.
127 Section 17(4) of RICA.
128 Section 6(1)(c) of the POPI Act.
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