State law advisor opinion on 3rd party notification under promotion of access to information act. The protection of state information bill is a draft law in south africa that deals with the classification and protection of state information. Section five offers a series of recommendations linked to specific strategies and priorities that might be adopted by civil society organisations for the purposes of lobbying and advocacy work around realising the right of access to. Amadhila is a political analyst with the consulting firm political analysis south africa, which published this synopsis on dec. Cybersecurity 2020 laws and regulations south africa. Before describing south africas long walk to privacy, attention should be drawn to some peculiarities arising from the south african constitution of 1996 and its interpretation. Zuma refused to sign the protection of state information bill because it did not pass constitutional muster and knocked it. Some people call it the secrecy bill, posib or posi. Protection of state information bill pen south africa. With over 58 million people, it is the worlds 24thmost populous nation and covers an area of 1,221,037 kilometres 758,717 mi. The regime of racism in south africa was maintained not only by brutalityguns, violence, restrictive laws. The south african protection of state information bill, which was previously entitled the protection of information bill and frequently represented as the secrecy bill, is a legal document formulated to regulate the preservation, classification and proclamation of state information.
The protection of personal information act 4 of 20 aims. These protections ensure that south africa keeps its legitimate. Welcome to the official south african government online. Welcome to the official south african government online site.
This is not surprising, given the bills many flaws and its vulnerability to a constitutionality challenge. Protection of state information bill south african government. A critical, independent and investigative press is the lifeblood of any democracy. The national assembly has adopted the revised protection of state information bill and will send it back to president jacob zuma for assent. The first constitution for the union of south africa was adopted in 1910. Popia is essentially the south african data protection bill or data protection act. Former south african president, nelson mandela, reminded us in 1994 that. The anc drove final amendments to the protection of state information bill through the national council of provinces on thursday 29 november 2012. Information bill has received in south africa, it is imperative that an. The protection of state information bill may be a necessary replacement for apartheidera legislation, but in its current form would obstruct the access to information citizens need to ensure transparent and accountable governance. The right to privacy in south africa privacy international.
The bill entrusts the power of classification, and the avenue of appeals against. Secrecy bill passed by parliament corruption watch. Iclg cybersecurity laws and regulations south africa covers common issues in cybersecurity laws and regulations, including criminal activity, applicable laws, specific sectors, corporate governance, litigation, insurance, employees, and investigatory and police powers. Free south african protection of state information bill essay. The state of access to information in south africa commonwealth. Protection of information bill south africa b28 2008. The protection of information bill is a new piece of legislation currently being deliberated by parliament. With the increase in electronic commerce globally, large industries managing computerised databases of.
Raymond louw, vice president of sa pen, 300420 after five years of debate, south africas protection of state information bill, or secrecy bill as it was dubbed, the legislation passed through the final stage of the parliamentary process. Promotion of consumer protection within organs of state 96. Republic of south africa copyright amendment bill as introduced in the national assembly proposed section 75. Protection of personal information act 4 of 20 south.
Advice and recommendations to minister chapter 6 enforcement of act part a enforcement by commission 99. It then went to the presidents office for signing into law, where months later it remains in limbo. Data protection in south africa is regulated under the broad constitutional right to privacy, the common law and a few pieces of legislation that contained interim provisions relating to data protection. South africa has moved a step closer to passing the protection of state information bill secrecy bill into law when 229 african national congress anc members of parliament voted in favour of the bill on 22 november 2011. Until very recently, south africa did not have data protectionspecific legislation. This gave rights to the white minority but took away the right to vote of the majority of south africans. Content available under a creative commons attribution 3. Protection of information bill environment news south africa. Protection of state information bill national council of provinces the ncop.
Protection of state information bill pmg south africa. In 1960 the white government held a referendum to decide whether south africa would become a republic. Privacy is paramount personal data protection in africa. Not enough south africans understand that the protection of state information bill also popularly known as the secrecy bill now being considered by the national council of provinces ncop is not primarily aimed at muzzling the media. Protection of state information bill archives the mail. As presented by ad hoc committee on protection of information bill national. The popi legislation basically considers your personal information to. The protection of personal information act 4 of 20 popia has been enacted, but only certain provisions are in effect at this time, with remaining provisions expected to take effect in 2020. The protection of personal information act called the popi act or popia brings an end to the uncertainty regarding the law on the use and processing of personal information. Protection of state information bill passed by parliament. Republic of south africa protection of state information bill as presented by the ad hoc committee on protection of information bill national assembly introduced as protection of information bill b62010 the english text is the off. It will repeal the protection of information act, 1982 act no.
South africas new secrecy bill and protection of state information by katie reid on 21 november, 2011 5. South africa, officially the republic of south africa rsa, is the southernmost country in africa. The national assembly has referred the protection of state information bill back to the ad hoc committee because of procedural failures. But it is important to rember that it is not yet in effect we are waiting for the. Secrecy bill views from south african civil society. Pdf the ongoing debate and consideration of the protection of state information bill often termed the secrecy bill or act has provided a. We join other civil society organisations in expressing disappointment at this turn of events in south africas democracy. Republic of south africa protection of information bill as introduced in the national assembly proposed section 75. Protection of personal information act, 20 5 act no. While not fully in effect, popia is generally regarded as being a codification of the current common law position in. Republic of south africa protection of state information bill as presented by ad hoc committee on protection of information bill national assembly introduced as protection of information bill b 62010 the english text is the off. Johannesburg south africas secrecy bill, adopted by the national assembly on april 25, 20, lacks essential protections for whistleblowers, human rights watch said today. The protection of information bill has two legitimate objectives.
Government includes the south african transport services. Differences and similarities in the human rights milieu. In simple terms, the purpose of the popi act is to ensure that all south african institutions conduct themselves in a responsible manner when collecting, processing, storing and sharing another entitys personal information by holding them accountable should they abuse or compromise your personal information in any way. South africas new secrecy bill and protection of state information. Civil society activists continue to argue that if passed, the secrecy bill will criminalise some of the freedoms that south africans have been enjoying since 1994. Government explains the protection of state information bill gcis. The protection of state information bills posib long passage through parliament saw it emerge finally in april 20. Protection of information act department of justice.
It will create a system for classification and declassification. This apartheid piece of legislation remains on the statute books. Secrecy bill less about media freedom, more about national. How will the protection of state information bill impact on the economy, media, and people of south africa. Mandate the commission is an institution established in terms of section 181 of the constitution of the republic of south africa act, 108 of 1996 the constitution. Already there are many voices of opposition to this bill, specifically from the south africa media as a bill of this nature effectively gives the ruling party the power to deem anything they like unfit for public consumption. B e it enacted by the parliament of the republic of south africa, as follows. Pdf the protection of information bill and access to information in. B 15 2011 protection of state information bill b 6b 2010 constitution 18th amendment bill b 8 2011. Protection of state information bill posi michalsons. Minister mthembu to meet with stats council amid funding concerns. Law in south africa dla piper global data protection. The south african protection of state information bill, formerly named the protection of information bill and commonly referred to as the secrecy bill, is a highly. Campaigners in south africa were celebrating on thursday.
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