School of Law (ETDs)

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    Protecting South African Employees' Special Personal Information Against Data Breaches
    (University of the Witwatersrand, Johannesburg, 2024) Mampa, Kgothatso Lesetja Simon
    The widespread use of computers and acceleration of online activity have increased the importance of personal information in modern society. Processing personal information has become an indispensable part of daily life. The (mis)management of personal information in the employment context is particularly concerning because employers also process special personal information (SPI). This research report considers the legal treatment of processing SPI in the world of work in South Africa by identifying and evaluating those provisions of POPIA that could offer employees protection in the event of a data breach. Furthermore, the research examines the effectiveness of those provisions against predetermined criteria in order to establish whether the provisions provide direct employee protection, create an opportunity for the responsible independent authority, namely the Information Regulator (IR), to include protective conditions in respect of processing employee SPI; and whether the provisions eliminate or limit threats to breaches of employee SPI. Sheburi v Railway Safety Regulator is the only known POPIA related case and it is referenced to highlight the ease with which POPIA provisions can be misinterpreted in practice. The case also demonstrates the fallibility of the consent requirement and supports the argument that employees need reinforced protection against the ever-looming threat of data breaches. The key finding of this study is that POPIA was not specifically designed to render full protection to employees in the event of a data breach. However, some of the existing provisions in POPIA render some level of protection. The research concludes by suggesting possible ways to improve the legal protection of employee SPI and ultimately calls for specific regulation of employee SPI in the context of data breaches.
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    "Are all things equal? Operational considerations in the integration of deemed employees into workplaces"
    (University of the Witwatersrand, Johannesburg, 2022) Otten, Rosita Joanne; Mushariwa, Muriel
    This research report is a policy-based study of the regulation of temporary employment services in South Africa. It is set against a contextual background of the development of Labour Brokers in South Africa as well as a contextual understanding of the regulation of temporary or atypical employees under International Labour Organisations Standards (ILO). The scope of this research is limited to only considerations of ILO Standards and does not consider a comparator of other countries. Future research could take it further in this regard to measure how Labour Brokers are offered labour law protections globally. This research report considers the development of labour law in South Africa and how the changes in the South Africa’s labour law policy have introduced mechanisms to afford and ensure greater protection of this vulnerable employee. The research reviews the recent legislative overhaul, in consideration of having the purpose to offering progressive protection to various atypical forms of employees and specifically a temporary employee who attains a deemed employment relationship status. The research aims to assess the extent to which the amendments to the South African labour legislative framework has been able to achieve its desired aims, by first considering how the provisions relating to temporary employment services, should be interpreted and applied. Secondly reviewing various operational considerations that impact the full integration of the deemed employee into the workplace in order to ensure on the whole not less favourable treatment and finally in having reviewed such operational considerations, assess and critique the impact these amendments have achieving protection of this vulnerable class of employee