Introduction
The Protection of State Information Bill is a controversial bill passed in early 2010 by the South African government, but was soon called back into analysis. Since then there have been consistent rumours about the bill being passed into law. There are numerous organisations opposed to this bill, and few people who would benefit from it, raising the question of if this bill would signal the end of democracy in South Africa.
Organisations
Right2Know
Right2Know is an activist company founded as an opposition to the Secrecy Bill. It was founded in late August 2010 in Cape Town. It opposes the deterioration of worldwide human rights and portrays themselves as a progressive force which carries the hopes of many. The organisation has assessed the Secrecy Bill according to their seven-point freedom test. There were several concerns regarding the bill, and the key concerns can be seen below.
In their report, Right2Know expresses concern that it is too easy for the minister to extend the number of organisations affected by the bill and that it may extend beyond security of the state, as the government says it would be limited to. They also state that the minister responsible for the extent of the bill may benefit from censorship, allowing the bill to be extended over an unnecessary scale. It also seems, according to this organisation, that information can be classed as “top secret” too readily. They also point out that the bill introduces easy exceptions to the National Archives of South Africa Act 1996, which states that information may not be kept classified for more than twenty years. The panel responsible for granting situations exception has little regulations, effectively canceling out the National Archives of South Af...
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...hits back at SARS. The Witness , 1. Pietermaritzburg, KwaZulu Natal, South Africa: The Witness.
Right2Know. (n.d.). History. Retrieved April 24, 2014, from Right2Know: http://www.r2k.org.za/about/history/
Right2Know. (n.d.). Measuring the Bill against R2K's seven-point freedom test.
National Assembly. (2010). Protection of State Information Bill. 28. Pretoria, Gauteng, South Africa: South African Government.
SAHRC. (n.d.). About the SAHRC. Retrieved May 2, 2014, from South African Human Rights Commision: http://www.sahrc.org.za/home/index.php?ipkContentID=1
SAHRC. (2012, February 10). Submission to the D Hoc Committee on Protection of State Information Bill. South Africa: SAHRC.
Turner, T. (2013, December 22). WHAT DOES THE FAX SAY? (North Korean Ylvis The Fox Parody Music Video HD). Retrieved May 4, 2014, from YouTube: https://www.youtube.com/watch?v=pxDgQJBVJxg
Chamberlain, Kenneth, “History: The Day the Freedom of Information Act Expanded”. Nationaljournal.com 20 Nov. 2012 General OneFile. Web 26 April 2014.
The “need of state security or of criminal investigation” is very broad to the point where the government blocks most western internet newspaper and general news sites. There is no general data protection legislation...
[15] John Ribeiro. “Indian law may satisfy EU data protection concerns.” Infoworld. April 21, 2004.
George Orwell’s Famous book 1984 is about a man who struggles to live under the superintendence of Big Brother. Throughout the novel, Winston struggles with constantly being surveilled and the lack of freedom. Similarly, in our world today, there are government agencies that have the power to listen to phone calls, track people's movements, and watch them through cameras. Winston’s world of surveillance and inadequate confidentiality both privately and publicly is in many aspects much the same as in our world today and the people should demand regulations to be set in place to protect their privacy.
It has long been believed that information is power. Thus, people collecting personal information in ...
Similarly some information are kept from being publicized to the whole world by the government. Wikileaks has done otherwise: material that they disclosed to the world was sensitive material that belonged to the g...
The freedom of speech that was possible on the Internet could now be subjected to governmental approvals. For example, China is attempting to restrict political expression, in the name of security and social stability. It requires users of the Internet and electronic mail (e-mail) to register, so that it may monitor their activities. In the United Kingdom, state secrets and personal attacks are off limits on the Internet. Laws are strict and the government is extremely interested in regulating the Intern et with respect to these issues.10 Laws intended for other types of communication will not necessarily apply in this medium.
Constitution, the founding fathers recognized that citizens in a democracy need privacy for their ‘persons, houses, papers, and effects.’ That remains as true as ever, but our privacy laws have not kept up as technology has changed the way we hold information.”
...f South African language and culture, acknowledgement of the racial oppression in South Africa, past and present, that it was wrong and positive action is required to make it right, and finally that all South Africans are legitimate and enjoy full moral equality (“About – DA”). In order for all this to be possible, the state must ensure it does not compromise the freedom of the individual (“About – DA”).
James Madison once said “Knowledge will forever govern ignorance; and a people who mean to be their own governors must arm themselves with the power which knowledge gives.” To gain a better understanding of a society, one must gain knowledge of the needs and wants the citizens’ demand from the country’s representatives. In every country the needed to protect its citizens is the same. In some nations, security is a higher priority which causes sacrifices to be made to obtain an indefinite protection against all rivals. In Peter Singer’s essay titled “Visible Man: Ethics in a World without Secrets” he states that there is a way that governments can collect information by using technology; to allow more ‘openness’ and exposure as an increase of unknown surveillance that the public is not aware of. Singer’s essay also talks about how also with the rise of secrecy within politics; organizations such as ‘WikiLeaks’ and ‘Anonymous’ reveal to the world what is really going on within their privacy. Benefits come from both sides in a world where surveillance exists to the highest priority with or without privacy.
...the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data. The High Representative shall decide on the implementing rules for the EEAS.”
Introduction: Traditionally speaking, privacy has not been directly protected in English Law but, nonetheless, is a rapidly growing area of English Law due to pressing issues such as the role of the internet in privacy, unlawful interference on behalf of governments, and others that will be analysed further below. Privacy law considers in what instances does an individual have a legal right to informational privacy. Laws of this nature are typically considered as part of criminal law or the law of tort, but that has not been the case with privacy and has only enjoyed limited protection through the doctrine of breach of confidence and champloo of related legislation on topics like data protection and harassment. The Human Rights Act (the "Act")
Smith, Jenna (2001). “Privacy and Private States.” The Private I: Privacy in a Public World.
In terms of government intelligence, in the information age greatest threats to privacy have been the result of technology and business practices related to e-commerce, marketing and information databases, and not the result of government intrusions (Hoffman, Novak & Peralta, 1997). Nevertheless “all things considered, the increasing and overlapping information sharing by governments and businesses about formerly confidential or private activities generates concerns about potential violations of individual’s privacy rights” (Mace, 2008 cited in Gal, Kantor & Lesk, 2008, p.41).
Julia S., Children's Rights in Africa: A Legal Perspective. Burlington: Ashgate Publishing Ltd. 2013. Print.