ICT- Law refers to a growing and dynamic body of law enabling us to keep up with technological advances.
It covers a broad range of areas such as:
- Digital intellectual property;
- Privacy and data protection;
- Freedom of expression and content regulation;
- Electronic or Digital evidence;
- Jurisdiction and the regulation of the current (and growing) telecommunication infrastructure;
to mention but a few.
Increasingly participants in the legal arena, business and commerce as well as a variety of end-users are becoming more and more aware of the relevance and necessity of information and communication technology law (ICT – law)
There is an ever-growing body of international and South-African legislation, which are relevant, and it is vital to stay up to date with most recent amendments. The most important South-African legislation to take note of is:
- The Constitution and more in particular Section 14 (Right to Privacy); Section 16 (Right to Freedom of Expression); Section 32 (Right to access to information).
- The Promotion of Access to Information Act, Act 2 of 2000 (PAIA) which give effect to Section 32 of the Constitution.
- The Electronic Communications and Transactions Act, Act 25 of 2002 (ECT- Act).
- The Regulation of Interception of Communications and Provision of Communication-Related Information Act, Act 70 of 2002 (RICA-Act).
- The Electronic Communications Act, Act 36 of 2005 and the Independent Communications Authority of South Africa Act, Act 13 of 2000 (ICASA-Act).
- The Protection of Personal Information Act, Act 4 of 2013. (PPI-Act)
Many technologies and applications associated with the Internet have the potential to have an impact on a person’s privacy. The fact of the matter is computers were designed to collect, compile and store large volumes of information.
* Please take note of the following:
The Protection of Personal Information Act, No 4 of 2013, published in Government Gazette no 37067 of 26 November 2013 has been enacted. There is currently a grace period in which to comply with the said Act.
Organizations will need to invest in cyber-security, proper risk assessment and educate employees on cybercrime and implement measures to ensure personal information is not compromised. This act is relevant to nearly every area of your business and will require:
- amendment of legal documents;
- consolidation of data views;
- analyzing subcontracting practices (especially where there is a supply chain in place);
- cross-border data flows.
VERSTER-ROOS INCORPORATED ATTORNEYS AND CONVEYANCERS are ready and able to assist you.
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