Mc Naught & Co
In 2018 statistic findings of South African Banking Risk Information Centre (SABRIC), reported that South Africa had the third highest number of cybercrime victims worldwide, resulting in a loss of about R2.2 billion each year to cyber-attacks.
In 2019 there seems to be no alleviation of these statistics but instead more intense reporting’s of cyber-crimes.
Let’s also bear in mind that with the constant developments in technology and the next phase of computing being quantum computing, cyber-security researchers and analysts are alarmed as a new type of computer, based on quantum physics rather than more standard electronics, could break most modern cryptography.
Did you know this?
Did you know the quantum computing is the next step?
Did you know that computers that exist today are not capable of breaking any commonly used encryption methods? (And yet we still have cyber-crime).
Examples of cyber-crimes include;
- Identity theft
- Phishing scams
- Electronic funds transfer fraud
- Social Media profile cloning
- Cyber Bullying
- Cyber Attack
The current legal framework relating to cyber-crime in South African is a seemingly legislative labyrinth however one can find view the following legislation viz.;
- Chapter 13 of The Electronic Communications and Transactions Act 25 of 2002
- Protection of Personal Information Act, No 4 of 2013
The increase in these crimes has led to the development of the Cyber Crimes Bill,which was first published on 28 August 2015, updated on 19 January 2017, introduced in Parliament on 22 February 2017, and the latest version was published in October 2018.
The bill not only aims to codify the current cyber-crimes but could exponentially cater for crimes that currently do not exist in South African law, to ensure that technological changes and advancements are taken into consideration.
The call for such a bill is necessary in South African litigation, as it will ensure that there is an established procedure which will specifically allow for the investigation of cyber-related offences.
Currently negligence based on a cyber-attack is incredibly difficult to prove in a court of law and leaves all parties severely compromised.
In some way what arises from creating such a bill, is the development of cyber and commercial liability of companies, accordingly this will urge companies to have a risk management task force implemented as to safeguard against such crimes.
For advice on recourse you may have should you have fallen victim to cyber-crime, contact our litigation department.