Johannesburg - Do you think that someone might have pictures of you in a compromising position or performing an act you thought was private?
The Information Regulator told The Star that when taking content from another phone and publishing it on social media, if consent was made public by the data subject (the owner of the content), then the Protection of Pesonal Information Act (Popia) does not apply.
"However, if the person is using the personal information (the contents) maliciously, other laws may apply, such as the Cybercrime Act, under which such cyberattacks or bullying may be reported to the SAPS," said Information Regulator spokesperson Nomzamo Zondi.
Zondi said that getting unauthorised publication on the net was dependent on many facets, such as how the information got published online and which platform it was published on. Internet service providers have policies on how a person can ask for content to be removed or deleted.
When Zondi was questioned about whether the law was doing enough to protect people from incidents such as these, she said that Popia ensured the protection of personal information of all persons, and the Information Regulator monitored and enforced compliance by public and private companies with the conditions for lawful processing of personal information. In instances where contents such as a picture or contact numbers were shared for purely personal or household activities, the act did not apply.
"So, if my brother shares my picture on his social media platform when we were at a party, the act would not apply," said Zondi.
Regarding revenge porn, she said that this was a Cyber Security Act matter, which was not the mandate of the regulator.
"But yes, a criminal case can ensue in an instance of revenge porn. South Africa has now criminalised the distribution of sexually explicit images or videos without someone’s consent. This comes after the passing of the Cyber Security Act. There are sections in the Cyber Security Act that interface with Popia," added Zondi.
When Zondi was quizzed about what happens if someone is secretly recorded and consent is not given and the recording is put online, and if that is legal, she said it would be a criminal offence, and that the Film and Publication Board also regulated such matters.
The Star