A new information protection law is in the process of being tabled, in time to meet the demands the 2010 World Cup will place on data privacy, the South African Law Reform Commission said on Wednesday.
”With the World Cup in 2010 upon us, South Africa needs a credible personal information environment to deal with the challenges of the surge of personal information collection and protection which will confront us,” the commission said in a statement.
It had released a report containing its final recommendations as well as a draft proposed Bill — the Protection of Personal Information Bill — designed to put these into practice.
The commission’s investigation into privacy and data protection laws began in 2003.
These were completed in February this year when the commission submitted its final report and draft legislation to the justice minister.
The Protection of Personal Information Bill had subsequently obtained Cabinet approval to be submitted to Parliament.
”The Bill … is in the process of being tabled.”
The commission said if the Bill was adopted by Parliament, South Africa’s protection of information privacy would be in line with international requirements.
”In the last 30 years more than 50 countries have enacted data privacy legislation in order to ensure that they also are compliant.”
Among the commissions recommendations were that privacy and information protection be regulated by a general information protection statute.
More than just policing encroachments of privacy, the new legislation would also have to ensure proper protection systems were in place.
The Bill would apply to both the private and public sectors, include both paper and computer records and extend to identifiable natural and juristic persons.
It would ensure personal information be fairly and lawfully obtained and used for its original, specified purpose.
Data would have to be kept secure and destroyed once its purpose was complete.
The information could only be transferred to countries which had adequate levels of information protection.
The commission said special provision would be made to protect sensitive personal information such as that regarding children, religion, health and sex life, race, political persuasion and criminal behaviour.
”The commission recommends a flexible approach where industries will develop their own codes of conduct.”
Enforcement of the Bill would begin with the regulator sending notices to violators.
”Failure to comply with the notices will be a criminal offence.”
The regulator may also help people or groups to claim compensation in the event of damages suffered.
”Obstruction of the regulator’s work is regarded in a serious light and also constitutes a criminal offence.” — Sapa