authorization.
154 Imprisonment period could range from 12 months to 10 years with
or without fine.
155
In lieu of a criminal proceeding, the Regulator may also impose an administrative
fine.
156
The ECT Act on its part does not impose legally binding obligations which means
a breach of a principle will be treated like a breach of contract with the data
subject.
157 However, as earlier mentioned, the provisions of the ECT relating to
data protection will seize to be applicable when the POPI Act fully comes into force.
6 Conclusion
The protection of personal data in the internet in South Africa is to be achieved
through a host of legislation and other legal instruments which have specific or
general application. However, what seems to be like a ‘patchwork quilt’ has now
been consolidated and harmonized with the recently enacted POPI Act. This law is
the omnibus data protection instrument for South Africa and comprises sweeping
provisions which is applicable to a broad range of sectors. Unfortunately, more than
five years since the law was enacted, it is yet to fully come into force. Although the
office of the supervisory agency has now been established, it is also yet to be fully
effective since the law is yet to be enforceable. All this has, unfortunately, slowed
down the process of development of the jurisprudence on data protection in
South Africa. For now, just sectorial laws are however applicable. This is asides
the well-developed jurisprudence on the constitutional and common law protection
of privacy in South Africa. Be that as it may, this cannot be a potent substitute for a
fully enforceable data protection law. It is hoped that the South African government
will do the needful and make the POPI Act fully operational as soon as possible.
References
Abdulrauf LA (2016) The legal protection of data privacy in Nigeria: lessons from Canada and
South Africa. Unpublished LL.D thesis, University of Pretoria
Abdulrauf LA, Fombad CM (2016) The African Union’s Data Protection Convention 2014: a
possible cause for celebration of human rights in Africa. J Media Law 8(1):67
Bygrave LA (2013) Data privacy law: an international perspective. Oxford
Currie I, de Waal J (2013) The bill of rights handbook. Claremont
154 Section 59 of the POPI Act.
155 Section 107 of the POPI Act.
156 Section 109 of the POPI Act. See also Roos (2016a), p. 476.
157 Roos (2016a), p. 428.
Data Protection in the Internet: South Africa
369
154 Imprisonment period could range from 12 months to 10 years with
or without fine.
155
In lieu of a criminal proceeding, the Regulator may also impose an administrative
fine.
156
The ECT Act on its part does not impose legally binding obligations which means
a breach of a principle will be treated like a breach of contract with the data
subject.
157 However, as earlier mentioned, the provisions of the ECT relating to
data protection will seize to be applicable when the POPI Act fully comes into force.
6 Conclusion
The protection of personal data in the internet in South Africa is to be achieved
through a host of legislation and other legal instruments which have specific or
general application. However, what seems to be like a ‘patchwork quilt’ has now
been consolidated and harmonized with the recently enacted POPI Act. This law is
the omnibus data protection instrument for South Africa and comprises sweeping
provisions which is applicable to a broad range of sectors. Unfortunately, more than
five years since the law was enacted, it is yet to fully come into force. Although the
office of the supervisory agency has now been established, it is also yet to be fully
effective since the law is yet to be enforceable. All this has, unfortunately, slowed
down the process of development of the jurisprudence on data protection in
South Africa. For now, just sectorial laws are however applicable. This is asides
the well-developed jurisprudence on the constitutional and common law protection
of privacy in South Africa. Be that as it may, this cannot be a potent substitute for a
fully enforceable data protection law. It is hoped that the South African government
will do the needful and make the POPI Act fully operational as soon as possible.
References
Abdulrauf LA (2016) The legal protection of data privacy in Nigeria: lessons from Canada and
South Africa. Unpublished LL.D thesis, University of Pretoria
Abdulrauf LA, Fombad CM (2016) The African Union’s Data Protection Convention 2014: a
possible cause for celebration of human rights in Africa. J Media Law 8(1):67
Bygrave LA (2013) Data privacy law: an international perspective. Oxford
Currie I, de Waal J (2013) The bill of rights handbook. Claremont
154 Section 59 of the POPI Act.
155 Section 107 of the POPI Act.
156 Section 109 of the POPI Act. See also Roos (2016a), p. 476.
157 Roos (2016a), p. 428.
Data Protection in the Internet: South Africa
369