Data Protection in South Africa : the Impact of the Protection of Personal Information Act and Recent International Developments

Abstract

Historically, when it comes to protection for individuals in respect of the processing of their personal data, South Africa has been lagging behind international trends. The South African legal framework recognised some form of data protection for individuals, albeit limited, under the common law, the Constitution and certain specific pieces legislation. On 17 November 2000, the South African Law Reform Commission took the first step towards enacting a separate piece of data privacy legislation by approving the inclusion in its programme of an investigation entitled “Privacy and Data protection”. On 26 November 2013, approximately 13 years later, the President of South Africa assented to the Protection of Personal Information Act 4 of 2013. This study examines the three most influential international instruments upon which the Protection of Personal Information Act is based, insofar as they relate to the core data privacy principles and the rights of data subjects. These international instruments have also recently been the subject of amendments or are in the process of being amended in order to keep abreast with international technological advancements and trends. This study further considers potential amendments to the Protection of Personal Information Act in respect of the core data privacy principles and the rights of data subjects in order to align the Protection of Personal Information Act with these latest trends and developments.