Beware how you handle personal information South Africa

So CoJ gets off being held responsible for their idiotic handling of the issue, with their clients' personal information?

The Protection of Personal Information Bill (PoPI) was passed by Parliament last month. The bill now needs to be signed by the President before it gets enacted. From the date of introduction of the legislation, companies will have one year to comply.

The legislation is based on the privacy guidelines of the European Union. Its introduction is essentially an effort to ensure that South Africa’s privacy laws are in line with those of its trading partners, so data can be exchanged without concerns.

While breaches in personal information are not uncommon, up until the legislation takes effect, there has been no law governing the disclosure of such breaches to those affected. In future, all such infringements would have to be reported to a still-to-be-appointed Regulator and made public.

Non-compliance could lead to fines of up to R10m per privacy infringement being imposed.
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Also,

However, the reputational damage that a company could suffer as a result of the public reporting of a security breach is probably one of the biggest compliance issues.
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...as I've mentioned before, many companies do not even prosecute the offender, in an effort to avoid the damage to reputation, so I doubt that any at all, would take legal action, when it's R10M per privacy infringement.
 
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Lightscribe said:
So CoJ gets off being held responsible for their idiotic handling of the issue, with their clients' personal information?



Also,



...as I've mentioned before, many companies do not even prosecute the offender, in an effort to avoid the damage to reputation, so I doubt that any at all, would take legal action, when it's R10M per privacy infringement.
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While I absolutely agree with you, it would have been great to see the COJ facing a R10m fine per infringement. It is just a shame that the act has not been on the cards as yet.

However, I also agree with you that many companies will not open cases, especially where they face these fines. However, even with the POPI act in place, had things happened the way it did here on MyBB, not only would the COJ be in trouble, but magic as well.
 
House said:
While I absolutely agree with you, it would have been great to see the COJ facing a R10m fine per infringement. It is just a shame that the act has not been on the cards as yet.

However, I also agree with you that many companies will not open cases, especially where they face these fines. However, even with the POPI act in place, had things happened the way it did here on MyBB, not only would the COJ be in trouble, but magic as well.
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Damn, yes, the individual would suffer greatly, whereas the useless government officials would get off, by using taxpayer money to pay. Thanks for the insight.
 
House said:
While I absolutely agree with you, it would have been great to see the COJ facing a R10m fine per infringement. It is just a shame that the act has not been on the cards as yet.
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Erm, the rate/tax payer would be paying those fines...
 
if POPI was in play and it applied to all then CoJ would be facing a monster fine but POPI isn't in play and the CoJ is exempted as a part of government

as several people have pointed out a fine on the CoJ would just be money paid by ratepayers to go into central coffers so it wouldn't help. What is needed is to lock up the guys involved at the CoJ under the MFMA framework of legislation for actual criminal offences rather than the malicious and nefarious misapplication of ECTA advocated by House.
Speaking of nefarious state shenanigans it seems not satisfied with being unable to use "unauthorized use" provisions against Breytenbach those with knives have gone the "Israeli Spy" route - sounds ominously like the apartheid spy claim of a few years back

MagicDude you better hide you MI6 travel documents
 
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ponder said:
Erm, the rate/tax payer would be paying those fines...
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Yes, although I think House was trying to say, that it would make CoJ "suffer the costs of their incompetence", in the sense that he sympathizes with the people that were wronged by CoJ, whilst wanting strong actions taken, against the idiots that allowed such breaches of security. Unfortunately, yes, the rate/taxpayers would actually end up being the ones to pay.

The POPI act must be created in such a way, that individuals in government, are personally held accountable, for their roles in such matters. The way things work now, or will soon work, is extremely unfair to private individuals and does nothing whatsoever, to prevent the pathetic incompetence of government officials.
 
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Paul Hjul said:
if POPI was in play and it applied to all then CoJ would be facing a monster fine but POPI isn't in play and the CoJ is exempted as a part of government

as several people have pointed out a fine on the CoJ would just be money paid by ratepayers to go into central coffers so it wouldn't help. What is needed is to lock up the guys involved at the CoJ under the MFMA framework of legislation for actual criminal offences rather than the malicious and nefarious misapplication of ECTA advocated by House.
Speaking of nefarious state shenanigans it seems not satisfied with being unable to use "unauthorized use" provisions against Breytenbach those with knives have gone the "Israeli Spy" route - sounds ominously like the apartheid spy claim of a few years back

MagicDude you better hide you MI6 travel documents
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I agree that these officials responsible, should face criminal charges.
 
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