South Africa Passes Comprehensive Personal Data Protection Legislation

Looks like it's regulation time for Privacy. 'Where' is now on the same level of importance as 'What' you know about me.

http://www.huntonprivacyblog.com/2013/08/articles/south-africa-passes-comprehensive-personal-data-protection-legislation/

[snip]

OFFENCES AND PENALTIES - Jail time is now possible.

Obstruction of Regulator

95. Any person who hinders, obstructs or unlawfully influences the Regulator or any
person acting on behalf of or under the direction of the Regulator in the performance of
the Regulator’s duties and functions under this Act, is guilty of an offence.

Penal sanctions

99. Any person convicted of an offence in terms of this Act, is liable—
(a) in the case of a contravention of section 95, to a fine or to imprisonment for a
period not exceeding 10 years, or to both a fine and imprisonment; or
(b) in any other case, to a fine or to imprisonment for a period not exceeding 12
months, or to both a fine and imprisonment.

[/snip]


The actual legislation waiting (like California AB 370)

http://www.huntonprivacyblog.com/wp-content/uploads/2013/08/B9-2009_ProtectionofPersonalInformation.pdf

ANYONE in South Africa now has the RIGHT to know EXACTLY what information
ANYONE / ANYWHERE has 'collected' about them...

[snip]

Access to personal information

22. (1) A data subject, having provided adequate proof of identity, has the right to—
(a) request a responsible party to confirm, free of charge, whether or not the
responsible party holds personal information about the data subject; and
(b) request from a responsible party a description of the personal information
about the data subject held by the responsible party, including information
about the identity of all third parties, or categories of third parties, who have,
or have had, access to the information—
(i) within a reasonable time;
(ii) at a prescribed fee, if any, that is not excessive;
(iii) in a reasonable manner and format; and
(iv) in a form that is generally understandable.

[/snip]



Peter
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Peter J. Cranstone
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