Journal of Digital Forensics, Security and Law

43-50

Authors: Francis S Cronjé

Privacy International made the following statement regarding South Africa’s financial sector in its 2005 world survey: “South Africa has a well-developed financial system and banking infrastructure. Despite the sophistication of the financial sector, the privacy of financial information is weakly regulated by a code of conduct for banks issued by the Banking Council.” This extract highlights some of the problems South Africa are experiencing with its current status on privacy as viewed from an International perspective. In recent years the International society has stepped up its efforts in creating a global village wherein the individual could be assured of having his/her privacy protected. Various conventions and guidelines have previously laid the foundation for privacy but it was not until the European Union’s (EU) launch of its Directive on Data Protection in 1995 that we have seen a real coerced shift in the focus of such protection. Cross border data transfers from the EU became something of the past unless third countries (those countries outside the EU) could prove the existence of adequate data protection provisions. It seemed to a big extend that international trade would be hampered and some of its biggest trading partners, such as the US, suddenly felt the impact due to its lagging protection measures. In order to curtail such inadequacies, a Safe Harbor Agreement was entered into between the EU and US whereby cross border data flow would be allowed under certain prerequisites. This Agreement however, does not cover Financial Institutions.

73-94

Authors: Z. Ntozintle Jobodwana

The liberalisation of the telecommunication industry in Africa, and the further development of the region’s physical infrastructure was accompanied by the further development of Africa’s information, communication and technology infrastructure. Competition within the industry stimulated heavy economic investment in other sectors of the economy. The outcome of liberalisation also included the establishment of community-based structures that continue to enable communities to manage their own development and gain access to information and communication technologies (ICTs) in an unprecedented manner. The telecommunication infrastructure further stimulated the fast development of other related services, for example, e-commerce and mobile commerce (m-commerce), e-government, internet banking, mobile banking etcetera. Latest reports and statistics disclose that in Africa m-commerce is set to even overtake the development of e-commerce, through the popular use and penetration of mobile telephony whilst e-commerce development is constrained by difficulties in rolling out speedily fixed telephone lines. These new methods of communication have so intensified that there is hope that further penetration of mobile telephony would leap-frog economic growth and development in Africa, especially in rural communities. Therefore, innovations and investment in ICT’s are changing the world in a number of ways, resulting in a globally connected digital economy. However, there are regulatory challenges that need to be addressed as a matter of urgency. Certain sections of the continent’s population, especially those in rural areas, have very limited access to ICT’s. This prevents them from exploiting opportunities offered by ICT’s. The main barriers to ICT access relate to inadequate regimes and their supporting legal frameworks, high cost of internet access, connectivity problems, the lack of technical skills to support maintenance and low number of computers with internet connectivity at schools, libraries and other public places. In this paper such challenges are identified and further reforms suggested. The ultimate recommendation is the one that states that a SADC telecommunication independent regulatory agency be established, independent of any government ministry, though consulting with a SADC Ministerial Council. Already, some countries in West Africa have developed a harmonized regulatory framework designed to integrate the Acts covering ICT markets in the sub-region and to keep policy and regulatory frameworks in line with the constant evolution of technologies, applications and services.