Oral Defense: Prittish Dala
Posted by mriekert on Mon 24 Jul 2017, 10:12:30 Mon 24 Jul 2017, 10:12:30
Title: A FRAMEWORK AND MODEL OF OPERATION FOR ELECTRONIC PERSONAL
INFORMATION TO ACHIEVE AND MAINTAIN COMPLIANCE TO CONDITION 7 OF THE
PROTECTION OF PERSONAL INFORMATION (POPI) ACT
Abstract:
Privacy entails controlling the use and access to place, location and
personal information. In South Africa, the first privacy legislation in the
form of the Protection of Personal Information (POPI) Act (Act 4 of 2013)
was signed into law on 26 November 2013. The POPI Act promotes the
protection of personal information by South African institutions and
specifies the minimum requirements in 12 Chapters, which includes 8
Conditions for lawful processing of personal information. Condition 7 of the
POPI Act makes specific provision for security safeguards to ensure the
confidentiality and integrity of personal information. While the legislative
requirements of Condition 7 of the POPI Act are spelt out in Sections 19,
20, 21 and 22, the requirements are not supported by specific guidance in
terms of how these should be achieved. There is also no specific guidance on
the security safeguards, as required in Section 19, to ensure the
confidentiality and integrity of personal information. Hence, this thesis -
which focuses on electronic personal information - proposes a framework that
includes a selection of security safeguards that may serve as a frame of
reference and be used by South African institutions that store, process and
transmit electronic personal information, to achieve and maintain compliance
to Condition 7 of the POPI Act. As part of this study, a POPI research
survey is used to assess the current state of security safeguards in South
African institutions and to validate the selection of security safeguards of
the proposed framework. In addition, a model of operation of security
safeguards is proposed to guide one on how the selection of security
safeguards should be implemented to achieve and maintain confidentiality and
integrity of electronic personal information as required by Condition 7 of
the POPI Act. Furthermore, this thesis explores the concept and principles
of privacy as well as the importance of privacy and provides an overview of
the global privacy legislative landscape, including South African privacy
legislation. An analysis is also conducted to assess the extent to which the
privacy legislation of the European Union (EU) and South Africa addresses
the international 2013 Organisation for Economic Co-operation and
Development (OECD) guidelines. The POPI research survey is also used to
assess the level of compliance to the POPI Act and specifically Condition 7
of the Act. In addition, the POPI research survey is used to assess the
financial value associated with electronic personal information and the
potential impact of a data breach of electronic personal information.
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