Draft bill on cybercrimes & cybersecurity released
16 Sep 2015
South Africa’s Department of Justice and Correctional Services has released a draft ‘Cybercrimes and Cybersecurity Bill’. The public can submit comments on the Bill by 30 November 2015
The Bill creates various categories of cybercrimes, including unlawful access to or interference with data. There are also provisions that relate to malware and crimes related to password theft. It covers other crimes that can be committed by way of electronic means too. These include extortion, espionage and fraud. The Bill deals with data messages that promote hatred, discrimination or violence. Provision is also made for the establishment of various structures, including a Cyber Security Centre.
Electronic communications service providers will have to comply with rather onerous duties if the Bill will become law. These duties include informing clients about cybercrime trends and creating cybercrime reporting procedures. Service providers will also have strict report duties.
One would have to analyse the various provisions carefully in order to measure their impact and practicality. However, in view of recent data breaches, this legislation should be welcomed.(This article is provided for informational purposes only and not for the purpose of providing legal advice. For more information on the topic, please contact the author/s or the relevant provider.)