Throughout the Draft Report on Governance for SA (King 3) 2009, the term information technology (IT) has been used. The problem with the term IT is that it is mostly associated with computers and excludes other communication devices. I find this to be problematic, especially during this era of convergence. It is on this premise that I suggest that the term information and communications technology (ICT) should be used. <\/p>\n
On the other hand, SA is one of the leading countries in terms of the adoption of the convergence. That is why we have a leading banking system (in terms of ICT). <\/p>\n
In a constitutional democracy like SA, the constitution should be the basis of all ICT governance, risk management and information security. <\/p>\n
There are many laws in SA that address ICT governance within the parameters of the constitution, especially the highly acclaimed Electronic Communications and Transactions Act of 2002. <\/p>\n
This act puts a lot of emphasis on information security and consumer protection in electronic commerce. Among other things, the act addresses cyber crimes such as hacking, industrial espionage, malicious code (viruses), and unsolicited communication (spam e-mails). <\/p>\n
However, as a researcher, I noted that most South African companies disregard the provisions of the law regarding information security. This has exposed consumers to cyber crimes and other risks related to information security. <\/p>\n
This problem is exacerbated by the fact that most ICT and information security practitioners are not conversant with the constitutional and legislation requirements pertaining to ICT governance, information security and ICT risk management. <\/p>\n
You would expect ICT policies, especially ones that deal with information security, to integrate legal provisions. I have found that is not the case in corporate SA. Companies buy off the-shelf ICT policies and apply them without customising them to suit their environment or accommodate the legal requirements. <\/p>\n
I am concerned with the wording in the Draft King 3 report. In the section dealing with “IT governance” in the preface, it says that “legislation is not the answer”, but that international guidelines such as COBIT or ITIL may be used to assess the adequacy of the organisation’s information security. <\/p>\n
Legislation alone is not sufficient and thus international guidelines and standards should be employed. <\/p>\n
I assume that is why the section was concluded with the phrase that says that it may not be possible to have one size fit all. <\/p>\n
I suggest the wording in the final King 3 report be modified; otherwise that statement would make ICT practitioners more sceptical about the legislation. <\/p>\n
This will be a dangerous move because we are not operating in a “banana republic” — SA is a constitutional democracy and the rule of the law should be adhered to. <\/p>\n
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