ATC120905: Report of the Portfolio Committee on Justice and Constitutional Development on the Protection of Personal Information Bill [B9 - 2009], dated 5 September 2012

Report of the Portfolio Committee on Justice and Constitutional Development on the Protection of Personal Information Bill [B9 - 2009], dated 5 September 2012

The Portfolio Committee on Justice and Constitutional Development, having considered subject of the Protection of Personal Information Bill [B9 – 2009] (National Assembly – sec 75), referred to it and classified by the Joint Tagging Mechanism as a section 75 Bill, presents a redraft of the Bill [B9B-2009].

The Committee reports the Bill further as follows:

1. The Bill creates a legislative framework to protect personal information but does so in a manner that gives effect to the Constitutional right to privacy while still allowing for the free flow of information within South Africa and between countries.

2. The Committee is acutely aware that this is a field in which rapid technological advancements bring new challenges for the protection of personal information, especially in South Africa , where consumer information has been subject to commercial exploitation. The Committee believes it has achieved compliance with the European Union’s Data Privacy Directive of 1995 and other international instruments that have a bearing on our trade relations. Proposed changes to the EU’s legislation on data privacy have also been taken into account as far as practicable.

3. The Committee has deliberated at great length on this Bill, which was introduced in 2009 and has had nine ‘working drafts’. The Committee also formed a ‘technical’ sub-committee, which made various proposals to assist in resolving identified issues. The Committee also undertook a study tour to the United Kingdom to meet with its Information Commissioner and other experts in the field.

4. Throughout the process, there has been extensive public engagement and further consultations with stakeholders: the Committee received more than thirty written submissions and public hearings were held at Parliament. Meetings have taken place since with affected stakeholders to engage with them on specific concerns.

5. Importantly, the Bill also transfers the responsibilities of the South African Human Rights Commission relating to the Promotion of Access to Information Act, No.2 of 2000 to an Information Regulator, which this Bill establishes. The Committee is acutely aware of the difficulties that have accompanied the implementation of that Act, including those relating to the high incidence of deemed refusals. At present, a requestor or third party must make use of litigation in the High Court to enforce the right of access to information. This is a lengthy process and can be prohibitively expensive. Although the Act provides also for right of recourse to a magistrates’ court, this cannot occur as there are no magistrates designated to hear such matters. There have been many calls for the appointment of an independent information commissioner empowered to address matters relating to access to information. This Bill envisages that there will be a permanent Member of the Information Regulator dedicated to exercise powers and perform duties in terms of Promotion of Access to Information Act.

Report to be considered