Browsing by Author "Morwenyane, Emmanuel Letlhogonolo"

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    Extended locus standi for representative complaints in terms of the South African protection of personal information act 4 OF 2013
    (University of the Witwatersrand, Johannesburg, 2023) Morwenyane, Emmanuel Letlhogonolo; Andanda, Pamela
    The Protection of Personal information Act 4 of 2013 does not seem to provide for lodging of representative complaints in order to vindicate data subjects’ rights in terms of section 73 of the Act. This paper critically analyses the approach taken in the Act and argues that the approach may cause inefficiencies when complaints that arise from the same cause of action or from the same incident are lodged on an individual basis with the Information Regulator. The recent mass data breaches in South Africa have created an incentive for the Act to be amended to provide for representative claims to be lodged in the form of class complaints not only to accommodate the data subjects, but other stakeholders such as the responsible parties themselves who may be affected by the infringement of data subjects’ rights in terms of the Act. By shining a light on cases like Nkala, the research shows how principles of locus standi in class actions can be incorporated into our data privacy legislation in order to facilitate the vindication of rights of data subjects, which may be infringed including data subjects who may not even know about the infringement of their privacy rights. The paper argues for a more liberal approach to be adopted when it comes to class complaints. This will not only improve efficiency when the Information Regulator deals with complaints, which arise from the same cause of action, but also facilitate the administration of justice