The protection of state information bill may be a necessary replacement for apartheidera legislation, but in its current form would obstruct the access to information citizens need to ensure transparent and accountable governance. Protection of personal information act 4 of 20 south. That there are political threats to media freedom and editorial independence around the continent is wellknown, but it is worth restating. By requiring an owner of an assisted housing development to demonstrate compliance with specified provisions under penalty of perjury, this bill would expand the existing crime of perjury and thus would impose a state mandated local program. Dec 02, 2011 the protection of state information bill has been the subject of unprecedented and sustained negative attention both locally and internationally. Protection of state information bill as presented by the ad hoc committee on protection of information bill national assembly introduced as protection of information bill b62010 the english text is the off. Protection of state information bill media in the south. Some people call it the secrecy bill, posib or posi. The bill would authorize businesses to offer financial incentives for collection of personal information. Authority of the national director of public prosecutions for institution of criminal proceedings chapter protection of information in courts 57. What is still wrong with the protection of state information. The protection of state of information act aims to regulate the classification of state information. Dec 06, 2012 the anc drove final amendments to the protection of state information bill through the national council of provinces on thursday 29 november 2012. Former south african president, nelson mandela, reminded us in 1994 that.
Raymond louw, vice president of sa pen, 300420 after five years of debate, south africas protection of state information bill, or secrecy bill as it was dubbed, the legislation passed through the final stage of the parliamentary process. The bill would void any waiver of the rights under these provisions. The bill should provide for a public interest defence crafted in a way that provides for extensive protection and broad applicability, as well asa public domain defence. The protection of state information bill debated in the south african parliament today shows that these threats continue to develop even in countries that pride themselves for their protection of media freedom. Bill to provide for the protection of certain information from destruction, loss or unlawful disclosure. Senator rapert 7 8 for an act to be entitled 9 an act to amend the personal information protection 10 act. Protection of information bill as introduced in the national assembly proposed section 75. Appears to use the term personal information and personally identifiably information interchangeably. It aims to replace the existing 1982 apartheidera law, which imposes excessive secrecy, and to establish a statutory framework to protect state information from loss, alteration or destruction, as. The protection of information bill has two legitimate objectives.
This bill seeks to support the right to privacy of personal information of south african citizens and bring south africa in line with international data protection laws. Finally, the bill pursues a balanced approach to the protection of personal information, mandating due regard for the justifiable limitations of the right to privacy, the need to secure the interests of free flow of information and managing the tensions between the rights of access to information and protection of personal information. Whereas the growth of the digital economy has meant the use of data as a. Whereas the growth of the digital economy has meant the use of data as a critical means of communication between persons. Protection of state information bill as presented by ad hoc committee on protection of information bill national assembly introduced as protection of information bill b 62010 the english text is the off. Relates to the new york state climate leadership and community protection act.
Protection of personal information act, 20 5 act no. This is not surprising, given the bills many flaws and its vulnerability to a constitutionality challenge. The department of state security dss gave its responses to some issues raised during the public hearings, and further explanations on the links between the protection of state information bill the bill and other pieces of legislation. Parliament passed the protection of state information bill on thursday after three years of debate and redrafting, but opponents signalled a court challenge is still on the cards. Apr 26, 20 parliament passed the protection of state information bill on thursday after three years of debate and redrafting, but opponents signalled a court challenge is still on the cards. The anc drove final amendments to the protection of state information bill through the national council of provinces on thursday 29 november 2012. A critical, independent and investigative press is the lifeblood of any democracy. Protection of state information bill pen south africa. Establishes consumer right to know what personal information is disclosed to third parties and requires that covered entities establish a data protection safety plan. The bill entrusts the power of classification, and the avenue of appeals against. In other words, new yorks courts may interpret the state bill of rights to provide greater protection than the floor set by the u. Legislation similar to ccpa and gdpr state bill no. Protection of state information before courts chapter 14 miscellaneous 58. It then went to the presidents office for signing into law, where months later it remains in limbo.
For information on visiting the capitol complex, please visit. As proposed by the draft regulations, businesses that handle the personal information of more than 4. Oct 10, 20 the protection of state information bills posib long passage through parliament saw it emerge finally in april 20. Protection of information bill, 2008, as at 5th march 2008 5 55. Preamble recognising the importance of information to the national security, territorial. Appears to use the term personal information and personally identifiably information. The protection of personal information act 4 of 20 aims. The south african protection of state information bill, formerly named the protection of information bill and commonly referred to as the secrecy bill, is a highly controversial piece of proposed legislation which aims to regulate the classification, protection and dissemination of state information, weighing state interests up against. Supreme courts interpretation of the federal bill of rights. The privacy protection bill, 20 a bill to establish an effective regime to protect the privacy of all persons and their personal data from governments, public authorities, private entities and others, to set out conditions upon which surveillance of persons and interception and monitoring of communications may be conducted, to. Threats to curtail press freedom by way of legislation, such as the protection of state information bill, could well be extended in zumas next term.
Protection of state information bill passed by parliament. Protections in the new york state constitution beyond the. The bill would prohibit a business from selling the personal information of a consumer under 16 years of age, unless affirmatively authorized, as specified, to be referred to as the right to opt in. By expanding the definition of a crime, this bill would impose a. Government employees pension law amendment bill b 15 2011 protection of state information bill b 6b 2010 constitution 18th amendment bill b 8 2011. The protection of state information bills posib long passage through parliament saw it emerge finally in april 20. By requiring an owner of an assisted housing development to demonstrate compliance with specified provisions under penalty of perjury, this bill would expand the existing crime of perjury and thus would impose a statemandated local program. In fact, the bill protects citizens through the protection of valuable information by all organs of state which is vulnerable to alteration, loss or destruction. It will create a legislative framework for the state to respond to espionage and other associated hostile activities. All organs of state involved in the classification and declassification of state information should be subjected to the monitoring regime. The bill establishes consumer protection councils cpcs at the district, state and national levels, as advisory bodies.
It aims to replace the existing 1982 apartheidera law, which imposes excessive secrecy, and to establish a statutory framework to protect state information from loss, alteration or destruction, as well as from disclosure to the public in certain circumstances. Referred to consumer protection and professional licensure, jan. Jul 18, 2019 relates to the new york state climate leadership and community protection act. The councils will advise on promotion and protection of consumer rights. Under the bill, the central council and the state council will be headed by the ministerincharge of consumer affairs at the central and state level. Republic of south africa protection of information bill as introduced in the national assembly proposed section 75. The protection of state information bill the bill will ensure a coherent approach to the protection of valuable information and the classi. Research involving subjects for whom the chhsa or any of its departments have direct responsibility, such as patients in state hospitals.
By adding genetic information to the list of characteristics listed in the unruh civil rights act, this bill would expand the bases upon which a health f acility may not discriminate in the pro vision of emer gency services. Protection of state information bill posi michalsons. It will repeal the protection of information act, 1982 act no. To provide for the protection of certain state information from alteration, loss or destruction or unlawful disclosure. Protection of state information bill archives the mail. Mar 27, 2019 hb1943 to amend the personal information protection act. Bill of rights provide a floor beneath which neither the state nor the national government may go. The protection of personal information bill popi has been tabled in parliament and will soon be signed into law. The personal data protection bill, 2018 whereas the right to privacy is a fundamental right and it is necessary to protect personal data as an essential facet of informational privacy. The protection of state information bill is a draft law in south africa that deals with the classification and protection of state information. Referred to consumer protection and professional licensure, april 8, 2019 denotes current printers number.