Protection of personal information act 4 of 20 south. Oct 20, 2014 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. With the increase in electronic commerce globally, large industries managing computerised databases of. Free south african protection of state information bill essay. National statement for main committee ii safeguards, nonproliferation and nuclear weapon free zones chairperson, my delegation associates itself with the statement delivered on. Protection of state information bill pen south africa. 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. The thesis aims to understand the dominant messages being conveyed within the news texts and reader comments, specifically whose voice was represented. Campaigners celebrate after president sends protection of state information bill back to parliament. Paja gives effect to section 33 of the bill of rights that is, the right to administrative action that is. The constitution of the republic of south africa act, no.
In south africa, a campaign grew out of a coalition of ngos as part of a wider movement for constitutional change after apartheid. South africa s municipalities may, in terms of the constitution of the republic of south africa, 1996, make bylaws for the effective administration of the matters it has a right to administer. Sep 12, 20 south africa secrecy law surprise as zuma rejects controversial bill. The constitution, read with this act, provides the npa with the power to institute criminal proceedings on behalf of the state, to carry out any necessary functions incidental to. Nov 22, 2011 johannesburg south africas parliament vote to pass the controversial protection of state information bill is a blow to freedom of expression and democratic accountability, human rights watch. It then went to the presidents office for signing into law, where months later it remains in limbo. You can also read governments statements on the bill.
Republic of south africa national environment laws amendment bill as amended by the portfolio committee environmental affairs and tourism the english text is the off. Culture of secrecy still a threat to state transparency. The bill entrusts the power of classification, and the avenue of appeals against. 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. Johannesburg south africas parliament vote to pass the controversial protection of state information bill is a blow to freedom of expression and democratic accountability, human rights watch. 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. South african statutes and other legislation wikipedia. Protection of state information bill passed by parliament. E it enacted by the parliament of the republic of south africa, as follows. Dec 06, 2012 amadhila is a political analyst with the consulting firm political analysis south africa, which published this synopsis on dec. Government explains the protection of state information bill gcis.
Law in south africa dla piper global data protection. But it is important to rember that it is not yet in effect we are waiting for the. Ms carin booyse, deputy chief state law advisor, office of the chief state law advisor, noted the changes on page 3 of the working document 25 on the protection of state information bill the bill. 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 and sent it to president jacob zuma for conversion, by sweet executive alchemy, into law, south africa s civil society is fighting back the charge being led, appropriately, by the right2know campaign. The protection of state information bill is a draft law in south africa that deals with the classification and protection of state information. The definitions on page 8 or categorisation of state information had the references to designated removed, and on page 10 the definition of. The bill of rights encompasses socioeconomic rights, as well as rights to dignity, equality and freedom amongst others. These protections ensure that south africa keeps its legitimate secrets safe while at the same time remaining an open, accountable and democratic society marked. A modified version of the protection of state information bill appears on the verge of passing in south africa. Firstly, a number of magistrates courts both smaller regional and larger district secondly, a single high court with multiple divisions across the country, both regional. South african public library and information services bill as introduced in the national assembly proposed section 76. Protection of state information bill pmg south africa. The protection of information bill is a new piece of legislation currently being deliberated by parliament.
The areas within which a municipality may make bylaws are listed in schedule 4 part b, and schedule 5 part b, of the constitution. Government includes the south african transport services. The protection of state information bill pdf is available under the documents section of the website. To improve the effective protection of ip of south african origin in south africa and its trading partners through reciprocal arrangements for the benefit of national economic growth. The anc drove final amendments to the protection of state information bill through the national council of provinces on thursday 29 november 2012. In a surprise move, zuma refused to sign the protection of state information bill because it did not pass constitutional muster and knocked it back to parliament for revision. Protection of state information bill posi michalsons. However, given the importance of south africa as a leader in democratic media law on the continent, the protection of state information bill will be a critical.
The protection of personal information act 4 of 20 aims. Now that parliament has passed the secrecy bill official name. Following the format of our monitoring post on the secrecy. To improve national compliance with international treaties of which south africa is a member. Republic of south africa national environmental management laws amendment bill as introduced in the national assembly proposed section 76. South africa has a hybrid or mixed legal system, formed by the interweaving of a number of distinct legal traditions. The submission has been compiled with the assistance of ken otieno, a phd student in the faculty of law at rhodes university. Assessing news coverage of the south african legislative laws. Protection of information bill south africa b28 2008. The constitution of the republic of south africa 1996 the constitution of the republic of south africa includes a bill of rights. This is the promotion of access to information act 2 of 2000 paia, an act specifically provided for in the constitution.
Chapter 8 protection of data privacy in south african. The protection of personal information bill with the promulgation of the protection of personal information law imminent and the need for organisations to undergo privacy compliance journeys, it is important that organisations understand the basic principles of protecting personal information according to the forthcoming law. Protection of state information bill and sent it to president jacob zuma for conversion, by sweet executive alchemy, into law, south africas civil society is fighting back the charge being led, appropriately, by the right2know campaign. The protection of state information bills posib long passage through parliament saw it emerge finally in april 20. International data privacy law article privacy and data. It is imperative to mention that this development is largely due to the inertia of the euro. Raymond louw, vice president of sa pen, 300420 after five years of debate, south africa s protection of state information bill, or secrecy bill as it was dubbed, the legislation passed through the final stage of the parliamentary process. Protection of state information bill south african government. What is still wrong with the protection of state information. Amadhila is a political analyst with the consulting firm political analysis south africa, which published this synopsis on dec.
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. The protection of information bill has two legitimate objectives. Exploring the role of civil society in the formulation and. The state has a duty to respect, protect, promote and fulfil the rights in the bill of rights. In spite of the fact that the protection of state information bill has undergone many. Coast, kenya, madagascar, mali, niger, and south africa or are still discussing drafts of such laws in various fora according to the legislative traditions of respective countries. Republic of south africa protection of personal information bill as presented by the portfolio committee on justice and constitutional development national assembly, after consideration of the protection of personal information bill b 92009 the english text is the off. The south african constitution protects the right to academic freedom as part. While not fully in effect, popia is generally regarded as being a codification of the current common law position in south africa. Constitution means the constitution of the republic of south africa, 1996. Until very recently, south africa did not have data protectionspecific legislation. Where can i find the protection of state information bill. 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 controversial piece of proposed legislation which aims to regulate the classification, protection and dissemination of state information, weighing state interests up against.
The state of access to information in south africa commonwealth. Protection of a legitimate national security interest any restriction on expression or information that a government seeks to justify on grounds of national security must have the genuine purpose and demonstrable effect of. Republic of south africa cybercrimes and cybersecurity bill as introduced in the national assembly proposed section 75. In some cases, it is not clear what considerations. Submission to the ncop on the secrecy bill as previously reported by saha, the national council of provinces is currently undertaking a process of public consultation on the protection of state information bill, commonly referred to as the secrecy bill. 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. Despite positive changes to the protection of state information bill, a culture of secrecy in the south african public service still poses a threat.
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. National employer association of south africa neasa pdf. Protection of information bill environment news south africa. 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. Republic of south africa protection of information bill as introduced in the national assembly proposed section 75. The regime of racism in south africa was maintained not only by brutalityguns, violence, restrictive laws. Protection of state information bill archives the mail.
The national assembly has adopted the revised protection of state information bill and will send it back to president jacob zuma for assent. The south african court system is organized in a clear hierarchically by chapter 8 of the constitution of the republic of south africa, specifically s166, and consists of from lowest to highest legal authority. This is not surprising, given the bills many flaws and its vulnerability to a constitutionality challenge. Oct 10, 20 south africa has a comprehensive law setting out the procedures for relying on the right of access to information and the reasons why a request for information may be refused. Popia is essentially the south african data protection bill or data protection act. The right to know and the implementation of freedom of. Promotion of administrative justice act 3 of 2000 paja. The constitution of the republic of south africa act no.
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. With the passing of the law, the coalition generated a distinct ngo that took up the range of implementation talks. 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 controversial piece of proposed legislation which aims to regulate the classification, protection and dissemination of state information, weighing state interests up against transparency and freedom of expression. Category representative organisations sub category employers organisations document type forms filename national employer association of south africa eo. South africas new secrecy bill and protection of state information. A state department consulted in terms of subsection 2 must. Secrecy bill less about media freedom, more about national security state. The protection of personal information bill risk advisory. Protection of state information bill pen south africa page 2.
As previously reported by saha, the national council of provinces is currently undertaking a process of public consultation on the protection of state information bill, commonly referred to as the secrecy bill as part of the consultation process, saha made a written submission to. The constitution, read with this act, provides the npa with the power to institute criminal proceedings on behalf of the state, to carry. As presented by ad hoc committee on protection of information bill national. Information sheet on the national employer association of south africa neasa by laboursmart basic organisation information and contact details. Apr 29, 20 despite positive changes to the protection of state information bill, a culture of secrecy in the south african public service still poses a threat. Section 179 of the constitution of the republic of south africa, 1996 hereinafter referred to as the constitution, read with sections 2 and 4 of the national prosecuting authority act, 1998 act no. The national assembly may take up the bill april 25 following the april 22 approval by an ad hoc committee.
B e it enacted by the parliament of the republic of south africa, as follows. South africas new secrecy bill and protection of state information by katie reid on 21 november, 2011 5. Nigerias freedom of information act foia of 2011 and south africas promotion of access to information act of 2000 paia were enacted to give nigerians and south africans respectively, greater opportunity to exercise their right to information. The requirement in the case of private bodies that there should be an antecedent right, has been interpreted to go beyond a right which.
It aims to replace the existing 1982 apartheidera law, which imposes excessive secrecy, and to establish a statutory framework to protect state information from loss, alteration or destruction, as well as from disclosure to the public in certain circumstances. Introduction the following is a submission to the national council of provinces ad hoc committee on the protection of state information bill b6b 2010 from the chair. However, several challenges have effectively hindered the implementation of these laws. Law in south africa dla piper global data protection laws. Amendment of section 1 of act 107 of 1998, as amended by section 1 of act 56 of 2002, section 1 of act 46 of 2003, section 1 of act 8 of 2004, section 1 of act 62 of 2008 and section 4 of act 14 of 2009 1. National statement for main committee ii safeguards, nonproliferation and nuclear weapon free zones chairperson, my. Secrecy bill less about media freedom, more about national. Read more mps adopt revised report of secrecy bill. Until very recently, south africa did not have data protection specific legislation. Highway africa written submissions on the protection of.