South Africa - Data Privacy & Data Protection Report, 2018

South Africa - Data Privacy & Data Protection Report, 2018

Report Description

The threats of cyber-attacks, corporate espionage, government surveillance and hacking are increasing exponentially. Companies are spending billions so as to address the problem by inculcating security capabilities, yet the solution to the problem seems afar. The threats are increasing every moment. Technology has outpaced human mind and capabilities long back. 

South Africa-- Data Privacy, Data Protection & Human Rights Report, 2018 digs deep into the core issues surrounding threat of privacy breaches of users, businesses and government. Though the fourth industrial revolution is global in nature yet the ecosystem surrounding businesses have not changed. The threats of the fourth industrial revolution can only be solved by addressing the problem socially, legally and economically in the connected world with the help of technology. 

The report has taken up a holistic approach to address various issues of this data driven economy. The constant struggle to protect the humongous amount of data can not merely be sorted out with the help of technology. Legal frameworks and regulations are necessary to keep an eye on the on-going activities and handling of data. There are various legal frameworks in South Africa that deals with such issues. The frameworks have specified authorities that have rights and obligations to secure the data and its usage.

 Economy drives on value creation; value creation today is globally data driven, the medium is internet, the point of convergence is smartphone and the threats are anonymous. The report has analysed both the positive and negative side of the technology through case study and case law.

It has been noted that people often provide information for one reason and do not realise that it may be used for other purposes as well. Therefore, the laws in South Africa has prescribed specific principles for the lawful processing and use of personal information.

The electronic flow of data cross-border has led to a concern that data protection legislation will simply be circumvented by the transfer of personal information to countries where privacy-protecting legislation will not apply and where information will be processed without any hindrance. Problems like this are addressed in the report by stating the specific legal provisions that needs to be applied by the companies who deal with large amount of cross border data flow.

The regulation of the collection, use, and processing of personal information through legislation is an internationally accepted practice. Not only will individuals and organisations in the private sector gain with data privacy legislation or a data protection Act but it is also important for trade, as concerns around information privacy can create barriers to international trade.

The report is has provided a comprehensive analysis of all the issues around data privacy, protection and internet security.

Direct and Indirect losses reach up to 1.6 trillion USD due to data breach in 2017

Table of

Contents

Table of Contents

  1. South Africa Privacy Perception Index
  2. South Africa Technology Landscape
  3. Transformation – Technology for Women Safety
  4. Tipping Point – Social Media & its impact on Family life
  5. International laws on Data Privacy applicable to South Africa
    1. Universal Declaration of Human Rights,1948
    2. UN guidelines for the regulation of Computerized Personal data files (1990)
    3. International Covenant on Civil and Political Rights, 1966 (ICCPR)
  6. South Africa Legal & Regulatory Framework
    1. The protection of Personal Information Act (PPI Act), 2013
  7. Issues Analysed
    1. Data Privacy
    2. Data Protection
    3. Data Transfer
    4. Disclosure of Information
    5. Surveillance
    6. Liabilities
      1. Primary Liability
        1. Data Controller
        2. Data Processing
        3. Data Storage
        4. Data Transfer
        5. Consent & Notification
      2. Secondary liability
        1. ISP liability
        2. Third Party Liability
  8. Compliances & Agreements

List of

Graphs

List of Graphs

  1. Average Distribution of Cyber Attacks by Type of Industry (Percentage), 2005-2017
  2. Number of Data Records lost by Tech Giants (Million), Up to 2017
  3. Number of compromised data records in selected data breaches (Million), up to 2017
  4. Top 10 Countries with Highest Privacy Score, 2017
  5. Number of Internet Users in Developed and Developing nations (Billion), 2007-2017
  6. Volume of Data Produced Every Day (Million GB), 1992-2017
  7. Number of Data Records lost in Web Based Industry (Million), 2004-2017
  8. Type of Secondary information Fetch by Apps to Track Behaviour (Percentage), 2017
  9. Type of Primary Information Fetch by Apps to Track Behaviour (Percentage), 2017
  10. Type of App Permissions that can access the User Information(Percentage), 2017
  11. Number of Data Records Stolen by Apps (Million), 2017
  12. Top 15 Vulnerable Apps by Number of Permissions required, 2017
  13. Share of businesses having deployed or deploying an enterprise-wide encryption strategy(Percentage), 2005-2015
  14. Share of Consumer Data Traffic per Month (GB Million), 2017
  15. Number Data Breach and Number of Data Record Stolen(Billion), 2012-2017
  16. Total Data Record Stolen from Government Organizations (Million), 2006-2016
  17. Government Data Breaches where more than 1 Million data records have stolen (Million), 2006-2017
  18. Number of Criminal Cases in South Africa(Million), 2011-2020
  19. List of Companies which has lost more than 100 Million data records in Breaches(Million), 2017
  20. List of Telecom Companies that has lost more than 1 Million data records Globally(Million), 2017
  21. Number of Data Record Lost by Year in Telecom Sector (Million), 2006-2017
  22. Number of Connected Devices Globally (Billion), 2012-2020

Countries Analysed

South Africa

A Complete Analysis of South African Laws

Laws

Analysed

International, National and Regional Laws

International Laws

  1. Universal Declaration of Human Rights,1948
  2. UN guidelines for the regulation of Computerized Personal data files (1990)
  3. international Covenant on Civil and Political Rights, 1966 (ICCPR)

South Africa     

  1. The protection of Personal Information Act (PPI Act), 2013
International, National and Regional Laws

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