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February 16 2015

Update on South Africa 's Data Protection Regime

Data protection in South Africa is regulated under the broad constitutional right to privacy, the common law, and a few pieces of legislation that contained interim provisions relating to data protection. Until very recently, South Africa did not have data protection-specific legislation. With the increase in electronic commerce globally, large industries managing computerized databases of millions of individuals ' records and the surveillance potential of computer systems, prompt demands for specific rules governing the collection and handling of personal information arose. The South African Law Commission finalized an investigation into privacy and data protection in South Africa, and recommended the creation of the Protection of Personal Information Act.