South Africa


OVERVIEW	The South African Constitution provides a right of privacy. South Africa has been considering and reviewing potential comprehensive privacy laws but to date, none have been enacted.
ENACTED	N/A
GENERAL PRIVACY LAWS	Electronic Communications and Transactions Act became law in 2002. The law protects only personal information collected through online electronic transactions. It applies to any form of communication by email, the Internet, SMS, etc., except for voice communications between 2 people.
PERSONAL DATA PROTECTION LAWS AND REGULATIONS	Protection of Personal Information Bill is currently pending before the South African National Assembly where it has been since 2009. It is in the Portfolio Committee on Justice and Constitutional Development.
TYPE OF DATA PROTECTED	The Protection of Personal Information Bill would regulate “personal information” which is defined to mean information relating to an identifiable natural person.
WORKPLACE PRIVACY LAWS	Minimal case law on workplace privacy.
TRANSBORDER TRANSFERS	N/A
FINES AND SANCTIONS	N/A. The Electronic Communications and Transactions Act contemplates consumers and businesses agreeing to what will happen in the event of a breach.
OTHER PRIVACY LAWS AND REGULATIONS	Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2002 National Credit Act provides for confidentiality of financial information.