Unpacking the Cybercrimes Act
Submitted by: SchoemanLaw IncWe find ourselves in a digital age where information is being shared rapidly. This, coupled with the rising number of cybercrimes and the theft of personal information, has created the need for legislation that regulates the processing of personal information and combats cybercrime.
To this end, the Protection of Personal Information Act 4 of 2013 was introduced. Many institutions, groups, and individuals have made relevant changes to their processes, systems, and ways of communication to comply with this Act. Although failing to comply with the Protection of Personal Information Act 4 of 2013 did not initially hold severe criminal sanctions, the introduction of the Cybercrimes Act 19 of 2020 has changed this.
What is the Cybercrimes Act?
The Cybercrimes Act 19 of 2020 is newly enacted, and in addition to creating specific offences related, it defines cybercrime explicitly and imposes penalties. The Cybercrimes Act strives to create a legislative framework that can effectively address cybersecurity and combat cybercrime. The Cybercrimes Act also provides the legal authority for cybercrime offences and the penalties for these offences and regulates how these offences may be investigated.
How does the Cybercrimes Act Affect you?
Though unintentional, the Cybercrimes Act 19 of 2020 has ultimately criminalized non-compliance with the Protection of Personal Information Act 4 of 2013. The disclosure of harmful data messages has been criminalized to curb cyberbullying, and members of the public have to be more cautious with how and what they are posting on social media. This is just 1 of the many impacts of the Cybercrimes Act 19 of 2020 on individual institutions and service providers. If an organization or an individual is found in possession of personal information or has processed data without authorization, severe fines or criminal sanctions are imposed. If you are a parent and your child is being cyberbullied, it is easier for you to get assistance now from law enforcement, but if your child happens to be the perpetrator, there will be severe consequences.
Conclusion
In conclusion, it is crucial to know how to share, obtain and process information correctly and in a manner that cannot be deemed criminal. Therefore, consult with a legal professional before entering into any online business space, sharing sensitive information, or simply putting measures in place to make sure you comply with the law and protect yourself and others.
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SchoemanLaw Inc Attorneys, Conveyancers and Notaries Public is a boutique law firm offering its clients access to high quality online legal documents and agreements, together with a wide range of legal services. The firm has an innovative and entrepreneurial mindset that distinguishes it from other law firms. We apply our first-hand understanding of the challenges facing entrepreneurs (regardless of their business size) to develop proven, practical solutions incorporating legal compliance, risk aversion and business sense. We achieve this by offering clients tailored, yet holistic support comprising of legal gap analysis, the design of tailored legal solutions and the practical implementation thereof through training and automation. With your personal interests in mind, our ultimate aim is to implement measures that protect the results of your hard work as effectively as possible.
