Page 51 - Q&A_Digital.indd

combatting computer-related crimes and improving the cybersecurity of
South African citizens.

The Cybercrimes Bill will have broad consequences for some of the
following persons:
• Persons who use a computer or the internet.
• Electronic communications and financial service providers.
• Suppliers of IT hardware tools and software.
• Representatives of government departments.
• Information security experts.
• The South African Police Services (SAPS). Commercial
• People who are involved with IT regulatory compliance.
It creates approximately 50 new offences which have a bearing on
cybercrimes, such as hacking, unlawful interception or interference with
data, cyber extortion, cyber forgery, using financial information to commit
an offence, the distribution of data messages that are harmful and
computer-related offences that relate to terrorist activities. These crimes
are pervasive and may have substantial implications for persons or
businesses providing services in this domain, particularly as penalties are
quite severe ranging from fines to imprisonment of up to 15 years or both.

The Bill also confers extensive powers on the SAPS to combat cybercrimes
and promote cybersecurity. These powers include the right to search,
access, investigate and seize anything from a computer to a database,
provided that they are in possession of a search warrant authorising their
actions.
It further places obligations on electronic communications service
providers and financial institutions who become aware that their electronic
communications network are being used to commit a cybercrime, to
immediately report such to the National Cybercrime Centre - a specialised
unit to be established in terms of the Cybercrimes Bill - and to preserve any
information that relates to the cybercrime in question. Importantly though
– this will not extend to the monitoring of the data they transmit or store on
their systems or to actively seek or ensure that there are no unauthorised
and illegal activities prejudicing cybersecurity.

Will the Cybercrimes Bill stop your scam e-mails and messages? Only time
will tell. But at least there is a positive step by Government towards providing
a more regulated environment to police cyberspace. As regards to the
implications for businesses working within the information technology
environment, it is our advice to keep close track of developments relating
to this Bill as a failure to comply could hold dire consequences.

44