Page 110 - Research & Innovation Report 2020

LAW

Intersections between the

Protection of Personal Information

Act and the Cybercrimes Act

By Professor Sizwe Snail ka Mtuze

The Protection of Personal Information Act (POPIA) and the Cybercrimes Act will have to work
alongside each other to try to combat cybercrimes while also protecting personal information.

We have become completely reliant on the use of electronic Section 4 states that any person who unlawfully and intentionally
devices, technology and digitalisation, including internet activity, overcomes any protection measure that is intended to prevent
social networks, eGovernance, commercial services and the access to data and acquires data [thereby] is guilty of an offence.
Internet of Things. Accompanying this reliance is an increase in
crimes such as internet fraud and email hacking, while having our Section 5 states that any person who unlawfully and intentionally
privacy compromised is the new order of the day. interferes with (a) data or (b) a computer program, is guilty of an
offence.
The spike in cybercrimes compelled government to adapt its
existing cyber laws and the Cybercrimes Act, Act 19 of 2020, All forms of cyber fraud, cyber forgery and cyber extortion have
was signed into law on 1 June 2021. likewise been criminalised by Section 7, 8, 9 and Section 10 of the
Act.
The preamble to the Act states that its purpose, among other
things, is to create offences which have a bearing on cybercrime Section 11 has now introduced ‘aggravated offences’, whereby
and to prescribe penalties for such crimes. The examples below any person who illegally obtains the passwords, access codes or
give an idea of the Act’s far-reaching criminalisation. similar data and devices relating to a restricted computer system,
is guilty of an aggravated offence.
Section 2 of the Cybercrimes Act stipulates that any person who
unlawfully and intentionally secures access to data, a computer Any person who commits an offence referred to in section 5(1), 6(1) or
program, a computer data storage medium or a computer system 10, and who knows or ought reasonably to have known or suspected
is guilty of an offence. that the offence in question will (a) endanger the life or cause serious

“The spike in cybercrimes compelled
government to adapt its existing cyber laws

and the Cybercrimes Act, Act 19 of 2020,

was signed into law on 1 June 2021. ”

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