Data Protection in South Africa: The Protection of Personal Information Act 4 of 2013 in Light of Recent International Developments (2)
Journal of Contemporary Roman-Dutch Law, Vol. 79, p. 213-230, 2016
18 Pages Posted: 4 Nov 2016
Date Written: May 4, 2016
This two-part article seeks to compare the current South African data protection legal framework with some of the approaches that have been adopted in other international data protection instruments and to evaluate whether or not South African legislation is still aligned with the most recent international developments in data protection. This article limits its focus to the instruments that initially shaped the Protection of Personal Information Act’s existence, such as the Council of Europe’s Convention for the Protection of Individuals with regard to the Automatic Processing of Personal Data (CoE Convention), the Organisation for Economic Cooperation and Development’s Guidelines Governing the Protection of Privacy and Trans-border Data Flows of Personal Data (OECD Guidelines) and the Directive 95/46/EC of the European Parliament of 24 October 1995 on the Protection of Individuals with regard to the Processing of Personal Data and on the Free Movement of such Data (Directive 95/46/EC). All three of these international instruments have recently been affected by amendments or proposed amendments. At the heart of this article is an examination of whether these amendments or proposed amendments should be taken note of in the South African legal framework insofar as they relate to the core data privacy principles and the rights of data subjects.
Keywords: protection of personal information, data privacy, data subjects
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