5 July 2017 by Cliffe Dekker Hofmeyr Dispute Resolution Alert

The Cybercrimes and Cybersecurity Bill - Submission of public comments

The revised Cybercrimes and Cybersecurity Bill [B6-2017] was tabled in the National Assembly in February 2017. It attempts to provide a comprehensive approach to the myriad of issues implicit in tackling Cybercrime. 

The Bill creates new crimes and offences including cyber fraud, cyber forgery and cyber uttering. It also establishes multiple structures to support the detection, combatting and prosecution of cybercrimes and affords police extensive powers of search and seizure or articles in the investigation of cybercrimes. With Cybercrime being the second most reported crime affecting organisations, as reported by PWC, it is an important piece of legislation. When enacted, this law will have far-reaching implications for individuals and organisations, particularly those that process data, as well as for banks or electronic communications service providers. It requires refinement and further alignment with various pieces of legislation, including the Protection of Personal Information (POPI) Act, No 4 of 2013 and the Regulation of Interception of Communications and provision of communication related information Act (RICA) Act, No 70 of 2002.

The Portfolio Committee on Justice and Correctional Services has invited written submissions on the Bill by 28 July 2017. It has also indicated that it will hold public hearings in respect of this Bill. 

Submissions should be emailed to Mr V Ramaano at vramaano@parliament.gov.za

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