Privacy law still way off

It has been under discussion for seven years, but there is still no sign of a much talked-about privacy law in Parliament.

The Protection of Personal Information Act, still in draft form with the SA Law Reform Commission (SALRC), is regarded as a priority project.

"I discussed the SALRC draft privacy Bill with the departmental officials in charge of legislation," says DA MP Sheila Camerer. "Although it is regarded as a priority, the project is still at an early stage and has not yet moved from the SALRC. In other words, the justice department is not yet working on the legislation. It is certainly not on the agenda for this year," Camerer adds.

The Bill seeks to "promote the protection of personal information processed by public and private bodies" by creating an Information Protection Commission that will have wide powers to enforce privacy, including the criminal law.

John Brent, GM of Critical Identity, says the law "will give South African consumers protection from identity theft and online gangsters by holding companies that fail to take adequate steps to protect consumers' private information, legally liable".

In terms of the proposed law, companies will be required to notify all customers affected by security breaches that could result in identity theft. Offenders could face up to 10 years in prison, as well as fines and punitive damages.

Not everyone is unhappy the process is so slow. ICT lawyer Lance Michalson says "...there is no point in rushing through legislation and then finding out that it will take years to implement, if at all".

Ananda Louw, the SALRC researcher responsible for the draft law, says the justice department should have its recommendations in by June. "In so far as timeframes are concerned, it should be noted the consultation process in this investigation was very important, since the Bill will regulate each and every record containing personal information found in both the private and the public sector," Louw says. "It takes time to include everyone..."

The Bill may reach Parliament next year.