What is the purpose of secrecy 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 …
What is the right to privacy in South Africa?
14. Everyone has the right to privacy, which includes the right not to have— (a) their person or home searched; (b) their property searched; (c) their possessions seized; or (d) the privacy of their communications infringed.
Is privacy a human right in South Africa?
In terms of South African law, the right to privacy is protected in terms of the common law and section 14 of the Constitution of South Africa 1996. In both instances, the right to privacy is limited, and to prove an infringement will be fairly difficult.
What is the Protection of Personal Information Act?
Essentially, the purpose of the Protection of Personal Information Act (POPIA) is to protect people from harm by protecting their personal information. To stop their money being stolen, to stop their identity being stolen, and generally to protect their privacy, which is a fundamental human right.
What is the protection of state information bill also known as?
The Protection of State Information Bill (or POSI Bill or Secrecy Bill) is a draft law in South Africa that deals with the classification and protection of state information. Some people call it the Secrecy Bill, POSIB or the POSI Bill. POSI is about national security and classified state information.
Can you sue someone for disclosing personal information South Africa?
“South Africa’s Constitution and its common law recognise the right to privacy for all people (including corporations). As a result, people who violate another person’s right of privacy can be held liable,” the firm said.
What are the possible consequences of invasion of privacy in South Africa?
“The penalties for non-compliance with POPI are severe. In particular, a person that fail to safely secure and/or process personal information can be held liable for a fine of up to R10 million or even face imprisonment,” the legal experts said.
What is the penalty for breach of Privacy Act?
The new regime will increase the maximum penalties for misuse of personal information by entities covered by the Privacy Act, from $2.1 million for serious or repeated breaches, to the greatest of: $10 million. three times the value of any benefit obtained through the misuse of information.
Which two rights could the protection of state information bill affect?
It limits the freedom of the media and everyone else to access or receive and impart information and prohibits people from accessing certain information held by the state.
How does the South African Constitution protect citizens against human rights violations?
The Public Protector protects citizens from administrative excess, government maladministration and abuse of power. The Public Protector can investigate complaints against state organs or officials and recommend corrective action. Equality are provided for by s 187 of the Constitution.
What does the Secrecy Bill mean for South African civil society?
Now that Parliament has passed the Secrecy Bill (official name: 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.
Does the secrecy bill comply with the Johannesburg Principles?
If one reads the Johannesburg Principles and one evaluates the provisions of the Secrecy Bill against these principles then it is clear that the Secrecy Bill does not, as our Minister of Secrecy and other officials claim, comply with international best practice (best practice captured in the Johannesburg Principles).
Will the secrecy bill impact on my right to information?
17 November, 2011 – Throughout the course of the debate on the Secrecy Bill, government representatives gave numerous assurances that the proposed legislation would not impact on the citizen’s right to information under the Promotion of Access to Information Act (PAIA).
Is the Secrecy Bill really about muzzling the media?
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.