Mr Speaker and hon members, it was during the deliberations on the Open Democracy Bill in 2000 that our Parliament first identified the need for legislation to be enacted to regulate the processing of personal information. Two pieces of legislation were enacted that year as a result of the work of the ad hoc Joint Committee on the Open Democracy Bill, namely the Promotion of Access to Information Act of 2000 and the Protected Disclosures Act of 2000.
When the ad hoc committee reported the Promotion of Access to Information Bill to Parliament, it pointed out, among other things, that:
The Bill only deals with the aspect of access to private information of an individual, be it access by that individual or another person, and did not regulate other aspects of the right to privacy, such as the correction of and control over personal information and so forth.
The ad hoc joint committee further highlighted that other jurisdictions with access to information legislation had also enacted separate privacy and data protection legislation, and therefore recommended that our country should follow the same approach after the necessary research had been conducted. The Bill before us today emanates from the SA Law Reform Commission's Report on Privacy and Data Protection. In our country the right to privacy is protected both in terms of our common law and section 14 of our democratic Constitution. The recognition and protection of the right to privacy as a fundamental human right in our Constitution provides an indication of its importance. Data or information protection forms an element of safeguarding a person's right to privacy. It entails the right of the individual to be protected against the unlawful collection, retention, dissemination and use of his or her personal information.
The right to privacy is of course not an absolute right, but may be limited in terms of law of general application and must be balanced with other rights that are entrenched in our Constitution. In protecting a person's personal information, consideration should also be given to competing interests such as the administering of national social programmes, maintaining law and order and the protection of the rights, freedoms and interests of others. It should also be recognised that the state has a responsibility in terms of section 7(2) of the Constitution to respect, protect, promote and fulfil the rights in the Bill of Rights.
Information technology is becoming an ever-increasing, crucial and integral part of our daily lives in the world. The expansion of telecommunications technology has led to an information explosion and has increased opportunities for information collection. We live in the age of the Internet, the Worldwide Web and smart phones. It is important that we should ensure that the timeless privacy values that we have always subscribed to should also apply to these new circumstances.
Important decisions are being taken every day based on information that may sometimes be incorrect, inaccurate and untrue. Information may also be outdated or be confused with someone else's. As a result of incorrect, inaccurate or false information, individuals could find themselves unfairly refused employment, housing benefits, credit or even admission to institutions of higher learning. It should also be recognised that unprotected personal information may even lead to identity theft, credit card fraud, stalking, the proliferation of unsolicited pornography, spam and marketing manipulation excesses.
I therefore wish to emphasise that information privacy can also not simply be regarded as a domestic policy problem. The increasing ease with which personal information can be transmitted outside the borders of our country of origin has led to many international harmonisation efforts and a concomitant effort to regulate transborder information flows. Privacy is therefore an important trade issue, as information privacy concerns can create a barrier to international trade and the free flow of information.
Considering international trends and expectations, information privacy legislation will ensure our country's future participation in the information market, if it is regarded as providing adequate information protection by international standards.
I do not want to deal with all the clauses of the Personal Information Bill, save to say that clauses 4 and 5, that have been included in this Bill, were as a result of the good work that was done by the technical committee assigned by the portfolio committee to consider this Bill.
Allow me briefly to interrupt myself at this stage to thank members of the technical committee, Ms Smuts, Dr Oriani-Ambrosini and Mr Jeffery, who was the chairperson of this technical committee, for the efficient manner in which they executed their task and for all the hard work that has come about. [Applause.] Thank you.
One of the important inclusions by this technical committee is the issue of the Information Regulator, which will be established as an independent statutory authority with a maximum of five members, including the chairperson of the regulator. Since the processing of personal information is closely related to the promotion of access to information, it has been decided to afford the Information Regulator certain powers, duties and functions in terms of the Promotion of Access to Information Act.
I would like to take this opportunity to thank all members of the portfolio committee who have shown a deep commitment to ensuring that this end product, which reflects the views and norms of the people they represent, is in line with our policy as government and that it is practicable.
In conclusion, I would like to point out that I am convinced that this legislation is essential for purposes of regulating the manner in which personal information must be processed. I look forward to your support in approving this Bill. [Applause.]