136 No. 50741
GOVERNMENT GAZETTE, 31 May 2024
solutions, and the development of regulations that ensure data privacy and advocate for
ethical data usage.
Complementing this, the Protection of Personal Information Act (POPIA), enacted in 2013,
enforces the constitutional right to privacy by regulating the processing, collection, and
storage of personal information by both public and private entities. POPIA is designed to
safeguard the personal information of individuals, ensuring it is handled responsibly and
securely.
To bolster the country's cloud data privacy and cybersecurity regulations further, the South
African government has initiated a review of its National Cybersecurity Policy Framework
(NCPF), initially released in 2012. This review aims to update the framework to address
contemporary cybersecurity threats and challenges, ensuring its continued relevance and
effectiveness. The country's data protection laws work in tandem to protect personal
information, while the National Data and Cloud Policy seeks to guarantee the secure and
reliable storage of data in the cloud.
The development of the National Data and Cloud Policy is informed by a broad spectrum of
legislation, policies, procedures, guidelines, and other documents related to data and cloud
computing, including:
6.1.
Protection of Information Act No. 84 of 1982
6.2.
Minimum Information Security Standards (MISS), 1996
6.3.
National Archives and Records Service of South Africa Act, Act No. 43 of 1996
(NARSSA)
6.4.
Promotion of Access to Information Act, Act No. 2 of 2000 (PAIA)
6.5.
Electronic Communications Act, Act No. 36 of 2005
6.6.
Electronic Communications and Transactions Act No. 25 of 2002 (ECTA)
6.7.
Spatial Data Infrastructure Act, Act No. 54 of 2003 (SDIA)
6.8.
National Cybersecurity Policy Framework, 2012
6.9.
Protection of Personal Information Act, Act No. 4 of 2013 (POPIA)
6.10. Public Administration Management Act, Act No. 11 of 2014 (PAMA)
6.11. National Integrated ICT Policy White Paper, 2016
6.12. National e-Strategy, 2017
6.13. Cybercrimes Act, 2020 (Act 19 of 2020) (CCA)
14
This gazette is also available free online at www.gpwonline.co.za
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