The Regulations on the SA Cybercrimes Act

The South African Police Service has published the draft regulations for the Cybercrimes Act. Interested parties have until the 15 August to provide comments. Thanks to the Chair of the FSCA’s Ecommerce Advisory Committee, EFSA was party to a meeting with Adv Fisk, who has been one of the prominent authors of the draft regulations. EFSA stressed that small and medium-sized companies did not necessarily have the resources or training to apply the Act’s provisions to collecting evidence following a cyber-attack.

EFSA also regretted that a system could not be devised to allow a victim of a cyber-attack that had resulted in a loss of personal data to make one report which would go to both the SAPS (under the Cybercrimes Act) and the Information Regulator (under POPIA). At present, the victim of an attack would have to make two different reports – one for each body. The EFSA Secretariat is drafting a submission on the proposed Regulations. EFSA members are encouraged to share their expertise by emailing me at [email protected].