YBER RIGHTS AND PRIVACY IN SOUTH AFRICA

Overview

This paper seeks to raise awareness and understanding of the privacy rights that exist online and the ways in which they may eliminated or contained. Cyber Rights is an exceptionally rational and compelling account of the most explosive and controversial issues surrounding freedom in cyberspace

Interest in the right of privacy is increasing with the advent of information technology. The surveillance potential of powerful computer systems prompted demands for specific rules governing the collection and handling of personal information.

With the recent development of commercially available technology-based systems, privacy protection has also moved into the hands of individual users. Users of the Internet and of some physical applications can employ a range of programs and systems that provide varying degrees of privacy and security of communications. These include encryption, anonymous remailers, proxy servers, digital cash and smart cards. Questions remain about security and trustworthiness of these systems.

Objective

Identify the key implications of recent legislation in interception and Monitoring Act, the Regulation of Interception of Communications and Provision of Communication Related Information Act (RICPCRIA) Act 70 of 2002
Tools and procedures that is available in South Africa to protect privacy and regimes overseas. How privacy may be invaded electronically
The law regarding the rights of individuals to control the disclosure of their personal information.

CHAPTERS OUTLINE

The Right to privacy
- Information privacy in South Africa
- Information privacy in the Unites States of America
- The right to information
- Privacy issues in the internet
- Privacy issues using email and internet in the workplace
- Online  Offline consistency
- Jurisdiction



Methodology

This paper adopted a case study approach designed to investigate and analyse the extent to which recent legislations has achieved compliance with protecting individual or organisations privacy rights online.

The Phase I study entailed the examination of the relevant documentary materials pertaining to cyber rights and privacy. The Phase I instrument provides the framework for the descriptive analysis, which has undertaken by international experts.
Phase II research Instrument, which sets out the methodological approach adopted for the case studies.

SOURCES OF INFORMATION

- Publications
- Internet
- Government Gazettes
- Interviews
- Observation